DYNAMIC SHELLS INDIA PVT. LTD. AND ORS. Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) WHEN the matters came up for hearing WP(C) No. 76 of 2013 and WP(C) No. 77 of 2013 are taken up together for disposal by this common judgment and order as the parties as well as the issues involved are the same.

(2.) MR . M.F. Qureshi, learned counsel assisted by Mr. S.S. Sisodia, learned counsel for the petitioners submits that, the allegation against the petitioner was that, the petitioner has submitted a forged bank guarantee of Syndicate Bank to the respondents/Assam Rifles. As a result, the petitioner has been blacklisted from the lists of contractors of the Assam Rifles. The learned counsel raised a question that, no loss has been caused to the respondents, besides that, no proper enquiry was conducted before blacklisting the petitioner. The learned counsel also argued that, the petitioner was blacklisted on 02.11.2011 and the FIR was filed only on 01.04.2013. So, necessary directions may be issued.

(3.) IN reply to the submission advanced by Mr. K. Paul, learned CGC, Mr. M.F. Qureshi, learned counsel for the petitioners further submits that, even if it is presumed that, all the formalities were followed before blacklisting the petitioner, but they should not blacklist him forever, which tantamount to stigma in the profession and personal life of the petitioner. The learned counsel for the petitioners further submits that, the petitioner is ready to file a representation, and if the respondents consider the same, taking into consideration the past record of the petitioner.