M/S. Ram Kumar Agrawal vs State Of Odisha And Ors
2022 Latest Caselaw 1674 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                   W.P.(C) No.14053 of 2020

        M/s. Ram Kumar Agrawal                 ....            Petitioner
                                        Mr. Jashobanta Dash, Sr. Adv.
                                          Mr. Prabodh Ch. Nayak, Adv.
                                    -versus-
        State of Odisha and Ors.               ....         Opp. Parties
                                                  Mr. T. Pattnaik, ASC


                 CORAM:
                 DR. JUSTICE B.R. SARANGI
                 MR. JUSTICE S.K. PANIGRAHI
                                    ORDER

Order                              04.03.2022
No.

10. 1. This matter is taken up through hybrid arrangement.

2. Mr. Jashobanta Dash, learned Senior Advocate along with Mr. Prabodh Ch. Nayak, learned counsel for the petitioner and Mr. T. Pattnaik, learned Additional Standing Counsel for the State-opposite parties are present. Judgment prepared in separate sheets is delivered and pronounced in open Court in presence of learned counsels for the parties, and the order is passed accordingly as follows:-

3. Thus, having regard to the aforesaid discussion, we have reached to the conclusion that the decision of the State to blacklist the petitioner has been done in a hush hush manner without giving a proper hearing. Further, the application of the doctrine of proportionality has not been kept in mind in proper perspective while awarding a punitive measure like blacklisting without a period specified in the impugned order. In addition,

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there seems to be violation of codal procedures, in so far as procedural formalities are concerned. In the result, this writ petition succeeds to the extent that the impugned order of blacklisting the petitioner deserves a revisiting by the State authority.

4. In the light of the above discussion, the opposite party No. 3 is directed to re-examine the entire issue in proper perspective by giving the petitioner an opportunity to put forth his case and pass a reasoned order in accordance with law within a period of three months from today.

5. Accordingly, the writ petition is disposed of.

(Dr. B.R. Sarangi) Judge

( S.K. Panigrahi) Judge

BJ