M/S Tirupati Associated vs West Central Railway
2022 Latest Caselaw 16221 MP

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                            WP No. 25869 of 2022
                                        (M/S TIRUPATI ASSOCIATED Vs WEST CENTRAL RAILWAY AND OTHERS)

                           Dated : 07-12-2022
                                  Shri Kunal Thakre, learned counsel for the petitioner.

                                  Heard on the question of admission and on interim relief.
                                  Learned counsel for the petitioner submitted that on perusal of the
                           impugned order dated 13.09.2022 (Annexure P/9) it is seen that no show cause
                           notice was         issued   to   the petitioner before passing the order of

                           blacklisting/debarring from participating in all future contracts.
                                  Learned counsel for the petitioner has placed reliance on the judgment of
                           the Apex Court rendered in the case of Gorkha Security Services Vs.
                           Government (NCT of Delhi), reported in (2014) 9 SCC 105 to contend that
                           issuance of show cause notice is mandatory requirement; hence, the impugned
                           order of blacklisting without proper notice, is contrary to the principles of
                           natural justice.
                                  Issue notice to the respondents by RAD mode on payment of process

fee within a period of seven working days, failing which this petition shall stand

dismissed without further reference to the Bench.

Notices be made returnable within four weeks. I n the meanwhile, it is directed that the effect and operation of the impugned order dated 13.09.2022 (Annexure P/9) shall remain stayed till the next date of hearing.

List this case alongwith W.P. No.25867/2022, W.P.No.25963/2022 and W.P.No.25871/2022.

C.C. as per rules.

Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 12/7/2022 6:18:35 PM

(S. A. DHARMADHIKARI) JUDGE TG /-

Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 12/7/2022 6:18:35 PM