TMI Blog2017 (8) TMI 1146X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent, impugned in this writ petition, has been passed without issuing any show cause notice. Therefore, it is not understandable as to what is the basis for the impugned order - the Commercial Tax Department was of the primafacie opinion that there is likelihood that the sago which was being transported by the petitioner could be adulterated. Therefore, a direction was issued to the petitioner to take the sample for testing and accordingly, the sample was tested and the test report confirmed that there was no adulteration. Debarring a contractor or tenderer or blacklisting a tenderer has severe civil consequences and therefore, the Courts have held that before such orders are passed, the parties are entitled for a reasonable opportu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... WP.No.3711 of 2017. 4. The second respondent has passed the impugned order on the ground that the petitioner has filed WP.No.3711/2017 and has misrepresented and acted prejudicial in the interest of the second respondent by giving false information thereby spoiling reputation and name of the second respondent and therefore, the petitioner is debarred from participating in the daily tender sales for four years. 5. It is not clear as to in what manner the petitioner had brought disrepute to the second respondent society and the order dated 24.03.2017 passed by the second respondent, impugned in this writ petition, has been passed without issuing any show cause notice. Therefore, it is not understandable as to what is the basis for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n a reason to debar the petitioner from participating the daily tender sales for a period of four years. Debarring a contractor or tenderer or blacklisting a tenderer has severe civil consequences and therefore, the Courts have held that before such orders are passed, the parties are entitled for a reasonable opportunity to show cause against proposed action. In the instant case, the second respondent has not taken any such steps to comply with the principles of natural justice by putting the petitioner on notice. However, taking note of the fact that samples which were intercepted and tested were found to be in order, without any adulteration, this Court is inclined to interfere with the impugned order. 7. Accordingly, the impugned orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
