PRAN GOPAL DAS Vs. CHIEF ENGINEER APWD

JUDGEMENT

(1.) THESE two writ petitions are taken up together as the questions involved therein are interconnected.

(2.) SHORN of unnecessary details, the facts which decipher from the respective pleadings are that the writ petitioner was initially enlisted as Class- V(Civil) Contractor in the year 2000. He was thereafter upgraded to Class- IV(Civil) Contractor in the year 2003 and subsequently was further upgraded to Class-III Contractor w.e.f. 04.4.2007 for a period of five years.

(3.) MR. Mandal, learned advocate appearing for the respondents disputed the aforesaid contention of the petitioner in contending that the enlistment order was issued by the Finance Officer to Chief Engineer of the APWD, Port Blair and the said authority has issued the show-cause notice and as such the petitioner cannot contend that the show-cause notice has not been issued by the competent authority. He further submits that there is a typographical error in the impugned order and in fact, the petitioner has been blacklisted under Clause 23.3(k) of the Rules of Enlistment of Contractors in APWD, 2009. He streneously submits that the show-cause notice contains the alleged offence committed by the petitioner and it cannot be said to be vague and/or ambiguous. Lastly, he submits that the Enlistment Rules, 2009 does not provide for a personal hearing and as such the order cannot be thrown on such ground.