Aparna Mahesh Nighot vs The State Of Maharashtra And Ors
2021 Latest Caselaw 11793 Bom

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TRUPTI   SADANAND                                                                50-wp-3238-2021.doc
SADANAND BAMNE
BAMNE    Date:
         2021.09.07        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         16:39:10
         +0530                     CIVIL APPELLATE JURISDICTION
                                    WRIT PETITION NO. 3238 OF 2021

             Aparna Mahesh Nighot                                ...Petitioner
                      Versus
             The State of Maharashtra & Ors.                     ...Respondents

             Mr. P.B. Shah i/b. Mr. K.P. Shah for the Petitioner.
             Mr. A.A. Alaspurkar, AGP for the Respondent -State.
             Mr.G.H.Keluskar for Respondent Nos. 2 and 3.

                                       CORAM :       A. A. SAYED &
                                                     S.G.DIGE, JJ.

                                         DATED :     25th AUGUST 2021

             P.C.:

1. The Petitioner has been blacklisted as it was inter alia found that the

work required to be carried out by the Petitioner (pursuant to tender floated

by Respondent -Corporation) was illegally sublet by her to a third party who

submitted bogus and fabricated bank guarantee to the Respondent-

Corporation.

2. The Petitioner was blacklisted initially by impugned order dated 16 th

December, 2020 and debarred for three years from participating in all

tenders of Respondent-Corporation. Thereafter, by the impugned order

dated 28th June, 2021 the period of blacklisting was extended to four years

instead of initiating criminal prosecution considering her gender.

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3. Learned Counsel for the Petitioner has placed reliance on the

judgment of the Supreme Court in the case of UMC Technologies Private

Limited Versus Food Corporation of India and Another 1 to contend that the

show cause notices did not mention what action was proposed to be taken.

4. In the facts and circumstances of the case, we are not inclined to

grant any ad-interim relief.

5. List the Petition on 22nd September, 2021, high on board.

         (S.G.DIGE, J.)                         (A. A. SAYED, J.)




1    (2021) 2 SCC 551

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