Virendra Singh Jadon vs The State Of Madhya Pradesh
2021 Latest Caselaw 4845 MP

                                                                               1                              WP-14677-2021
                                                    The High Court Of Madhya Pradesh
                                                               WP-14677-2021
                                                    (VIRENDRA SINGH JADON Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                            Indore, Dated : 31-08-2021
                                                  Heard through Video Conferencing.

                                                  Shri Shreyas Dharmadhikari, learned counsel for the petitioner.
                                                  Shri Purushaindra Kaurav, learned Advocate General for all the
                                            respondents.

With the consent finally heard.

At the outset, Shri S. Dharmadhikari, learned counsel for the petitioner, submits that he is confining his relief about the impugned order to the extent petitioner was black listed. For rest of the relief, he has availed the statutory alternative remedy of appeal. The black listing order may be interfered with because indisputably, the same is passed without following the principles of natural justice, without putting the petitioner to notice and therefore it runs contrary to the judgments of Hon'ble Supreme Court in the case of Gorkha Security Services vs Govt. (Nct Of Delhi) & Ors. , reported in (2014) 9 SCC 105 a n d Vetindia Pharmaceuticals Limited vs, State of Uttar

Pradesh & Anr., reported in 2021(1) SCC 804.

Shri Purushaindra Kaurav, learned Advocate General opposed the prayer but fairly admitted that the petitioner was not put to any notice before black listing him. He fairly submits that legal preposition raised by Shri Dharmadhikari founded upon aforesaid judgments is correct. He has no objection if the appellate authority is directed to decide the appeal within a stipulated time.

In view of aforesaid stand of the parties, there is no manner of doubt that black listing order is passed without following the "due process'. In absence of following the principles of natural justice, clause-5 of the impugned order dated 05/04/2021 (Annexure-P/1) only to the extent of black listing the petitioner is set aside. The appellate authority is directed to decide Signature Not VerifiedDigitally signed by SAN SUMATHI JAGADEESAN Date: 2021.09.01 all the issues raised by the petitioner in his appeal memo in accordance with 10:47:09 IST 2 WP-14677-2021 law by passing a reasoned order expeditiously, preferably within 30 days from the date of production of copy of this order. It is made clear that this Court has not expressed any opinion on the merits. Needless to mention that this order will not come in the way of respondent to proceed against the petitioner for the purpose of black listing in accordance with law.

W.P. No.14677/2021 is allowed to the extent indicated above.

                                                (SUJOY PAUL)                                              (ANIL VERMA)
                                                   JUDGE                                                       JUDGE



                                             sumathi




Signature Not Verified
              VerifiedDigitally
                       Digitally signed by
  SAN                  SUMATHI
                       JAGADEESAN
                       Date: 2021.09.01
                       10:47:09 IST