Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) Petitioner was under the memorandum of understanding executed on 3.3.2008 with Respondent No.2 (Annexure-1) to implement the National Horticulture Mission Programme conducted by the Department of Agriculture and Sugarcane, Government of Jharkhand. During the course of execution of programme petitioner volunteered to deposit an amount of Rs.2,78-,000/-on 20.3.2012 in relation to certain balance un-utilized advances and also communicated through his letter dated 20.3.2012. However he was asked to explain within 24 hours as to why he be not blacklisted and disciplinary action be not taken against him by the State Mission Director, Jharkand State Horticulture Mission vide notice dated 2-9-2016 (Annexure-6). It alleged that petitioner had deposited Rs. 2,78,000/- by cheque dated 20-3-2012 , remaining amount of advance relating to financial year 2007-08. However, as per the special audit conducted by the Government of India, objections relating to blockage and retention of fund by the NGO for 5 years have not been explained. Petitioner was asked to explain as to why the amount was not expended in the period of 5 years and why was it returned. The Agriculturist could not avail of the benefits. Petitioner submitted representation on 2.9.2016. However, petitioner contends that impugned order dated 21-9-2016 (Annexure-9) has been passed by the State Mission Director blacklisting the petitioner without waiting for the petitioner's reply , Annexure-8 submitted on 5.10.2016.
(3.) Petitioner has assailed the order of blacklisting both on merits as well as on the ground that it is for an indefinite period of time. Such an order of blacklisting for an indefinite period are in teeth of the decision rendered by the Apex Court in the case of Gorkha Security Services v. Government (NCT of Delhi) & others, 2014 AIR(SC) 3371 (paras 21 and 22 thereof) and in the case of Kulja Industries Limited v. Chief General Manager, Western Telecom Project Bharat Sanchar Nigam Limited and others, 2014 AIR(SC) 9 (para 17 thereof).;