Gangadhar Yubak Sangha vs State Of Odisha And Ors
2023 Latest Caselaw 5929 Ori

                                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                              W.P.(C) No.9806 of 2023
                                Gangadhar Yubak Sangha             ....          Petitioner
                                                                Mr. Sidheswar Mallik, Adv.
                                                         -versus-
                                State of Odisha and Ors.          ....    Opposite Parties
                                                                  Mr. D.K. Mohanty, AGA.



                                         CORAM:
                                         DR. JUSTICE S.K. PANIGRAHI

                Order                                    ORDER
                No.                                     15.05.2023

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

2. Heard learned counsel for the Parties.

3. In this Writ Petition, the Petitioner challenges the order

dated 24.03.2023 passed by the Opposite Party No.2/

Collector, Kalahandi blacklisting the Petitioner's Non-

Government Organisation (NGO) without any prior

notice and without affording any opportunity to defend

its case and directing to shift the inmates to another

shelter house run by a separate NGO.

4. Learned counsel for the Petitioner submits that the

impugned order is based on the decision taken in the

District Level Project Appraisal Committee meeting held

on 10.03.2023. However, the report of the Committee has

never been communicated to the Petitioner. He further

submits that the Collector, Kalahandi relied upon a report

Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Secretary Reason: Authentication Location: OHC, CUTTACK Date: 19-May-2023 19:36:46 // 2 //

while passing the impugned order. The enquiry was

conducted behind the back of the Petitioner. The inquiry

report was not communicated to the Petitioner and she

had not been afforded an opportunity to defend her case.

Therefore, the impugned order passed by the Collector,

Kalahandi is not sustainable in law.

5. Learned counsel for the State submits that the

Petitioner was involved in malpractice in management of

Swadhar Greh and Ujjwala Home as she had used to give

bribe for influencing the officers violating the provisions

under the guidelines of Swadhar Greh and Ujjawala

Home. The performance of the Petitioner's NGO was

doubtful. Therefore, the project proposal for Swadhar

Greh/ Ujjwala Home was submitted afresh and it was

recommended to the Government for blacklisting of the

Petitioner's NGO. He further submits that considering all

aspects the District Level Project Appraisal Committee

had decided to recommend the Government for

blacklisting the Petitioner's NGO without specifying any

period. Blacklisting without specifying any period or for

life is deprecated by the Supreme Court of India in

plethora of cases on this issue.

6. This Court has dealt with such an issue earlier in

W.P.(C) No.14053 of 2020 (M/s. Ram Kumar Agrawal

Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Secretary Reason: Authentication Location: OHC, CUTTACK Date: 19-May-2023 19:36:46 // 3 //

Engineers Pvt. Ltd. -vrs.- State of Odisha and Ors.) wherein

vide judgment dated 04.03.2022 the authority was

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. The operative portions of the said judgment

dated 04.03.2023 passed in W.P.(C) No.14053 of 2020 are

quoted as follows:

"24. It is also well settled that even though the right of the writ petitioner is in the nature of a contractual right, the manner, the method and the motive behind the decision of the authority whether or not to enter into a contract is subject to judicial review on the touchstone of fairness, relevance, natural justice, non-discrimination, equality and proportionality. All these considerations that go to determine whether the action is sustainable in law have been sanctified by judicial pronouncements of the Supreme Court and this Court which are of seminal importance in a system that is committed to the rule of law. A fair hearing to the party being blacklisted thus becomes an essential pre- condition for a proper exercise of the power and a valid order of blacklisting. In addition, the State has to examine the principle of proportionality while examining the instant case since the blacklisting period is not specified.

25. Thus, having regard to the aforesaid discussion, we have reached to the conclusion that the decision of the State to blacklist the

Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Secretary Reason: Authentication Location: OHC, CUTTACK Date: 19-May-2023 19:36:46 // 4 //

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, 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.

26. 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.

27. Accordingly, the writ petition is disposed of."

7. In such view of the matter, this Writ Petition is

allowed. The order dated 24.03.2023 passed by the

Opposite Party No.2/ Collector, Kalahandi blacklisting

the Petitioner's Non-Government Organisation (NGO) is

quashed. The Opposite Party No.2/ Collector, Kalahandi

is directed re-examine the entire issue in proper

perspective by giving the Petitioner an opportunity to put

forth his case and pass a reasoned order afresh in

accordance with law within a period of one month from

the date of presentation of this order. It is further directed

Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Secretary Reason: Authentication Location: OHC, CUTTACK Date: 19-May-2023 19:36:46 // 5 //

that if the Petitioner's NGO's blameworthiness is found

to be incorrect, the Petitioner may be allowed to function

under the Swadhar Greh and Ujjawala Scheme in future.

8. Accordingly, this Writ Petition is disposed of.

( Dr. S.K. Panigrahi) Judge B.Jhankar

Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Secretary Reason: Authentication Location: OHC, CUTTACK Date: 19-May-2023 19:36:46