State Of Chhattisgarh vs M/S Shrikishan And Co. Pvt. Ltd
2022 Latest Caselaw 707 Chatt

                                   1

                                                                     NAFR
              (Proceedings through Video Conferencing)
          HIGH COURT OF CHHATTISGARH, BILASPUR
                           WA No. 74 of 2022

1. State of Chhattisgarh Through Its Secretary, Government of
   Chhattisgarh, Panchayat And Rural Development Department,
   Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District
   Raipur Chhattisgarh.

2. Executive Engineer, Member Secretary, Project Implementation Unit,
   Chhattisgarh Rural Road Development Agency (CGRRDA), District
   Raipur, Chhattisgarh.

3. Chief Executive Officer, Chhattisgarh Rural Road Development
   Agency (CGRRDA), Civil Lines, Raipur, District Raipur Chhattisgarh,

                                                           ---- Appellants

                                Versus

 M/s Shrikishan And Co. Pvt. Ltd. Through Its Director Sharad Agrawal
 S/o Shri Sushil Agrawal, Aged About 31 Years, Office At 4/12, 2 nd Floor,
 Shree Tower, Shanti Nagar, Raipur, District Raipur, Chhattisgarh.

                                                         ---- Respondent

(Cause Title taken from Case Information System)

For Appellants : Mr. Vikram Sharma, Deputy Government Advocate. For Respondent : Mr. Kshitij Sharma, Advocate.

Hon'ble Mr. Arup Kumar Goswami, Chief Justice Hon'ble Mr. N.K.Chandravanshi, Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

10/02/2022

Heard Mr. Vikram Sharma, learned Deputy Government for the

appellants as well as Mr. Kshitij Sharma, learned counsel for the

respondent.

2. This appeal is directed against the order dated 29.11.2021

passed by the learned Single Judge in Writ Petition (C) No. 3758 of 2021

allowing the writ petition and setting aside the order dated 19.08.2021,

whereby the writ petitioner was debarred from participating in the tender

process for a period of six months from 19.08.2021.

3. On a query of the Court, Mr. Vikram Sharma submits that no

opportunity of hearing was granted to the petitioner before the order

dated 19.08.2021 was passed. He, however, submits that in view of a

letter dated 22.02.2020 issued by the Chief Executive Officer,

Chhattisgarh Rural Development Agency, the authorities were permitted

to debar an erring contractor.

4. The learned Single Judge relied upon the decisions of the

Hon'ble Supreme Court in Erusian Equipment & Chemicals Ltd. and

Others v. State of West Bengal & Others, reported in (1975) 1 SCC 70,

Dafodills Pharmaceuticals Ltd. & Others v. State of U.P. & Others,

reported in 2019 (17) SCALE 758, Southern Painters v. Fertilizers &

Chemicals Travancore Ltd. & Others, reported in AIR 1994 SC 1277 as

well as Gorkha Security Services v. Government (NCT of Delhi) &

others, reported in (2014) 9 SCC 105, in coming to the conclusion that

the impugned order passed without following the principles of natural

justice, cannot be sustained.

5. The law is well-settled that no order of blacklisting can be

validly passed without issuing notice against the proposed action of

blacklisting, and in that view of the matter, we find no merit in the appeal

and the same is, accordingly, dismissed.

                   Sd/-                                           Sd/-
          (Arup Kumar Goswami)                            (N.K.Chandravanshi)
             CHIEF JUSTICE                                      JUDGE




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