- (1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder the order dated 09.07.2019 bearing Memo No. 1022 by which the petitioner has been blacklisted as also the decision has been taken not to take any service in the department in future.
(2.) Mr. Anil Kumar Sinha, learned senior counsel assisted by Mr. Parth Jalan has submitted by taking the ground for assailing the impugned order that the petitioner has not been provided with an opportunity to know the reason about the blacklisting. Further, the blacklisting being a major punishment by which the petitioner, whose source of livelihood is by providing services of security to the department, but by virtue of the said decision that too without providing an opportunity of hearing, is not sustainable in the eye of law. Further submission has been made by referring to the Annexure-2 dated 09.04.2019 whereby and whereunder certain information has been sought for along with the details of the workers engaged along with their Universal Account Numbers, bank account numbers as also the details about the statutory deposit made either under the EPF or ESIC but there is not reflection about any show cause as to why the petitioner be not blacklisted, therefore, the instant case is of passing of an order of blacklisting and debarring the petitioner from participating in future works is without following the principle of natural justice but the same department has furnished the certificate pertaining to satisfactory service provided by the petitioner as would appear from Annexure-8 Series.
(3.) Mr. Vikash Kumar, learned A.C. to A.G. appearing for the State of Jharkhand has vehemently opposed the submissions/grounds agitated by learned senior counsel representing the petitioner by submitting that the petitioner has not filed complete details as has been asked for in terms of communication dated 09.04.2019 (Annexure-2).;