Punjab-Haryana High Court
M/S Jai Maa Enterprises vs Panjab University Chandigarh And ... on 22 October, 2024
Author: Arun Palli
Bench: Arun Palli
Neutral Citation No:=2024:PHHC:138297-DB
CWP No.24244 of 2023 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No.24244 of 2023 (O&M)
Date of Decision :22.10.2024
M/s Jai Maa Enterprises
......Petitioner
Versus
Panjab University Chandigarh and others
..... Respondents
CORAM: HON'BLE MR.JUSTICE ARUN PALLI
HON'BLE MR.JUSTICE VIKRAM AGGARWAL
Present : Mr. H.S.Oberoi, Advocate for the petitioner.
Mr. Akshay Kumar Goel, Advocate for the respondents.
ARUN PALLI, J. (Oral):
On 20.10.2023, this Court had passed the following order:-
"Learned counsel for the petitioner refers to the
complaint dated 30.08.2022 (Annexure P-4), which has been
given by one Roshan Lal, who is an employee of the respondent
University, against Shri Lovish, J.E., alleging that he had taken
some money for getting him permanent job in Panjab University.
In this complaint, no allegation has been made against the
petitioner proprietorship firm, who is carrying out contracts in
Panjab University for the last three years. Vide impugned
Minutes of Meeting dated 23.09.2023 (Annexure P-3) and the
order dated 12.10.2023 (Annexure P-3A), the petitioner firm
along with its sister concerns has been black listed without any
evidence to link the petitioner firm with the complaint dated
30.08.2022 (Annexure P-4). Learned counsel contends that
before black listing the petitioner firm, no show cause notice was
issued to it and as per the judgments of the Supreme Court
rendered in UMC Technologies Private Limited Vs. Food
Corporation of India and another, 2021 (2) SCC 551 and M/s
Chauhan Builders Raibareli Vs. The State of Uttar Pradesh &
Others, Civil Appeal No. 5298 of 2002 @ Petition for Special
1 of 2
Neutral Citation No:=2024:PHHC:138297-DB
Leave to Appeal © No. 32840 of 2018, decided on 16.08.2022, the
petitioner firm could not be black listed.
Notice of motion for 06.02.2024.
In the meanwhile, operation of the impugned
Minutes of Meeting dated 23.09.2023 (Annexure P-3) and the
order dated 12.10.2023 (Annexure P-3A) shall remain stayed."
Although more than a year has gone by but no written statement has
been submitted on behalf of the respondents-University. Rather, learned counsel
for the respondents-University, on instructions, fairly submits that as the
petitioner (M/s Jai Maa Enterprises) was blacklisted without issuance of any show
cause notice and for an indefinite period the order of blacklisting is indefensible.
Accordingly, he submits that the impugned order be deemed to have been
withdrawn/recalled as the competent authority shall now pass a fresh order, if so
advised, after affording due notice and opportunity of hearing to the petitioner.
That being so, learned counsel for the petitioner submits that nothing
substantive survives in the petition and the same be disposed of in terms of the
statement made by learned counsel for the respondents-University.
Accordingly, the petition is disposed of in terms of the statements
made by learned counsel for the parties.
(ARUN PALLI)
JUDGE
(VIKRAM AGGARWAL)
JUDGE
22.10.2024
Manoj Bhutani
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
2 of 2
