M/S Tirupati Associates vs West Central Railway
2023 Latest Caselaw 2209 MP

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                            WP No. 25969 of 2022
                                         (M/S TIRUPATI ASSOCIATES Vs WEST CENTRAL RAILWAY AND OTHERS)

                           Dated : 07-02-2023
                                    Shri Ankur Shrivastava - Advocate for petitioner.

                                    Shri Rakesh Kumar Jain - Advocate for UOI.


                                    Learned counsel for the petitioner submitted that on perusal of the
                           impugned order dated 13.09.2022 (Annexure P/1) 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.
                                    Learned counsel for the respondent prays for three weeks time to file

reply.

I n the meanwhile, it is directed that the effect and operation of the impugned order dated 13.09.2022 (Annexure P/1) shall remain stayed till the next date of hearing.

List this case alongwith W.P. No.25867/2022, W.P.No.25963/2022 W.P No.25869/2022 and W.P.No.25871/2022.

C.C. as per rules.

(VISHAL DHAGAT) Signature Not Verified Signed by: MONSI M SIMON Signing time: 2/8/2023 4:06:20 PM

JUDGE mms

Signature Not Verified Signed by: MONSI M SIMON Signing time: 2/8/2023 4:06:20 PM