Anil Kumar, J. - (1.) 1. The petitioner had entered into contracts with the Pashchimanchal Vidyut Vitran Nigam Ltd, Victoria Park, Meerut (the Corporation). The contracts were cancelled and the petitioner was black listed on 24.6.2008. The petitioner filed writ petition no. 40789 of 2008 against this order. This writ petition was decided on 12.8.2008. So far as the cancellation of contracts were concerned, the writ petition was dismissed but it was allowed so far as black listing part was concerned. The corporation was directed to serve notice and thereafter decide the question of black listing. The petitioner filed an application before the Corporation on 3.9.2008. He has again been black listed on 10.11.2008. Hence the present writ petition.
(2.) WE have heard counsel for the petitioner and standing counsel and Sri Pankaj Shukla for the respondents. It is not disputed that any fresh notice have not been given to the petitioner before the order dated 10.11.2008 was passed. Sri Shukla, counsel for the Corporation states that (i) The order dated 10.11.2008 records the reasons for black listing; (ii) This order may be treated as notice; (iii) The petitioner may file his reply against the same. (iv) Thereafter, the matter will be decided on merit after considering the objection of the petitioner. In view of the same, we dispose of the writ petition with the observation that the petitioner may file his objection within one month against the order dated 11.11.2008 treating it to be a notice for black listing. Thereafter, respondent no. 3 may decide the case by a speaking order at an early date, if possible, within three months, from the date of receipt of the objection. The petitioner alongwith his objection will file certified copy of this order, other necessary document and duly stamped self addressed envelope. Respondent no. 3 after taking decision with communicate the same to the petitioner.
(3.) WE hereby clarify that as we have held that the order dated 10.11.2008 should be treated as notice and not the final order, the petitioner will be treated as if he is not black listed till the fresh order is passed after considering the objection of the petitioner. The order will be passed without being influenced by the order dated 10.11.2008. With these observations, the writ petition is disposed of.;