- (1.) The present petition has been preferred mainly for the reason that without giving any show cause notice and without giving any opportunity of being heard to the petitioner, the petitioner has been blacklisted and he has been permanently debarred from participating in a public contract to prefer his offers before the respondents vide Letter, dated 24th May, 2008, Annexure-1 to the memo of petition. The decision taken by the respondents at Annexure-1, blacklisting the present petitioner, is arbitrary, unilateral and capricious decision and is in gross violation of the principles of natural justice and hence, the same deserves to be quashed and set aside. The learned counsel for the petitioner has relied upon several decisions given by the Hon'ble Supreme Court as well as by this Court at Annexures- 7 & 8 to the memo of petition.
(2.) I have heard learned counsel appearing on behalf of the respondents-State, who has vehemently submitted that the petitioner has given false certificate of experience just for getting his tender being approved by the respondents and, therefore, The Jharkhand State Electricity Board has decided to blacklist the present petitioner vide its decision dated 24th May, 2008, Annexure-1 to the memo of petition. If a person is not having proper experience and is giving false certificate just with a view to get a contract, he / she can neither be given any contract in future nor will he / she be entitled to offer himself / herself and, therefore, this petition deserves to be dismissed.
(3.) Having heard learned counsel for both the sides and looking to the facts & circumstances of the case, it appears that : (i) the present petitioner is contractor and looking to the order at Annexure-1, dated 24th May, 2008, taken by the Jharkhand State Electricity Board, he has been blacklisted from participating in contract and no work will be given to the present petitioner, but, before blacklisting the present petitioner, neither any show cause notice was given to the petitioner nor any opportunity of being heard has been given to the petitioner. Thus, it appears that the order at Annexure-1, dated 24th May, 2008, is in gross violation of the principles of natural justice. The allegations leveled in the impugned order have been leveled without issuing show cause notice and without any enquiry. (ii) it has been held by the Hon'ble Supreme Court, in Southern Painter V/s. Fertilizers & Chemicals Travancore Ltd. & Anr., 1994 AIR(SC) 1277, that if any person is to be blacklisted, especially, for the contract work, it cannot be done unilaterally and without giving any show cause notice and hearing. If there is a breach of principles of natural justice even for blacklisting, such type of order deserves to be quashed and set aside. (iii) It has been held by this Court in W. P. (C) 1291 of 2007 in the order dated 2nd May, 2007, as well as in W. P. (C) 1263 of 2007, in the order dated 27th June, 2007, that without following the principles of natural justice, if the petitioner is blacklisted such order deserves to be quashed and set aside.;