Uttarakhand High Court
WPMS/1284/2020 on 5 July, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 5TH DAY OF JULY, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ K. TIWARI
Writ Petition (M/S) No. 1284 of 2020
BETWEEN:
Nawab Ali ... Petitioner
(By Mr. Sarvesh Agarwa, Advocate)
AND:
State of Uttarakhand & others ... Respondents
(By Mr. T.S. Phartiyal, Additional C.S.C. and Mr.
Siddhartha Manral, Advocate)
JUDGMENT
1. Petitioner is a Contractor, who was registered
with Nagar Panchayat Kelakheda, District Udham Singh
Nagar. Contract for civil construction work was
awarded to the petitioner by Nagar Panchayat
Kelakheda.
2. According to the petitioner, the amount due
to the petitioner has not been paid, therefore, he has
approached this Court seeking a direction to respondent
nos. 3 & 4 to make payment of the outstanding dues.
Petitioner is also aggrieved by the order dated
25.07.2020 passed by Executive Officer, Nagar
Panchayat Kelakheda, which is on record as annexure
10 to the writ petition. By the said order, petitioner's
registration with Nagar Panchayat Kelakheda was
cancelled and petitioner's name was included in the
blacklist, maintained by Nagar Panchayat Kelakheda.
3. In para 13 of the writ petition, it has been
categorically stated that the order dated 25.07.2020,
whereby petitioner's registration was cancelled and his
name was included in the blacklist, was passed without
providing any opportunity of hearing to the petitioner.
4. There is no specific denial to the said
pleading in the counter affidavit filed by Executive
Officer, Nagar Panchayat Kelakheda on behalf of
respondent nos. 3 & 4. What has been stated in para
32 of the counter affidavit is that petitioner was heard
by the Investigation/Enquiry Committee and after
conclusion of the investigation, petitioner was prima
facie found guilty and respondent no. 1 - Director,
Urban Development Directorate, Dehradun directed the
Nagar Panchayat Kelakheda to take necessary action
against the petitioner.
5. Mere participation by petitioner in the
investigation process will not be sufficient for passing
the blacklisting order behind his back. Investigation, if
any, is made to ascertain facts, as in the case of
preliminary enquiry. Investigation was ordered by State
Government based on a complaint. Petitioner's
participation in preliminary or fact finding inquiry will
not be sufficient to pass an order of blacklisting and
cancellation of registration against him without hearing
him.
6. Mr. T.S. Phartiyal, learned Additional C.S.C.
for the State has also supported the impugned order by
referring to a letter dated 01.10.2018 issued by District
Magistrate to Director, Urban Development. Based on
the said letter, learned counsel for the State submits
that petitioner had participated in the enquiry before
three Members Committee.
7. As stated above, mere participation before
Enquiry Committee by the petitioner will not denude
him of his right to be heard in the matter. The
investigation was ordered by the State Government,
while the order of blacklisting/cancellation of
registration has been passed by Executive Officer of the
Nagar Panchayat. It was incumbent upon the Executive
Officer to provide reasonable opportunity of hearing to
the petitioner before passing the impugned order, which
has civil and evil consequences to the petitioner.
8. In such view of the matter, writ petition is
partly allowed. The impugned order dated 25.07.2020
by which petitioner's registration was cancelled is liable
to be quashed and is hereby quashed. However, this
will not preclude the Competent Authority from passing
order afresh, in accordance with law, after hearing the
petitioner.
9. As far as the second relief is concerned, it
involves disputed questions of fact which cannot be
adjudicated under writ jurisdiction of this Court under
Article 226 of the Constitution of India. Accordingly,
prayer no. (ii) is rejected. However, petitioner shall be
at liberty to approach the Arbitrator or the competent
Civil Court, as the case may be, for seeking the said
relief.
(Manoj Kumar Tiwari, J.)
Aswal
