M/S Tirupati Associated vs West Central Railway
2022 Latest Caselaw 15859 MP

Citation : 2022 Latest Caselaw 15859 MP
Judgement Date : 30 November, 2022

Madhya Pradesh High Court

M/S Tirupati Associated vs West Central Railway on 30 November, 2022

Author: Sushrut Arvind Dharmadhikari

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                            WP No. 25871 of 2022
                                        (M/S TIRUPATI ASSOCIATED Vs WEST CENTRAL RAILWAY AND OTHERS)

                           Dated : 30-11-2022
                                  Shri Kunal Thakre, learned counsel for the petitioner.

                                  Shri Devesh Bhojne, learned counsel for the respondents.

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. In the meanwhile, 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 alongwith W.P. No.25963/2022. C.C. as per rules.

Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11/30/2022 4:34:32 PM

(S. A. DHARMADHIKARI) JUDGE vc

Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11/30/2022 4:34:32 PM