M/S Rakshak Securitas Private Limited v. Union Of India And Others
!"!# $% &' Date of Decision: 16.01.2019 M/s Rakshak Securitas Private Limited.
.....Petitioner versus Union of India and others .....Respondents &( )*&
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**- Present :
Mr. Jaivir Yadav, Advocate, for the petitioner. Mr. Brajeshwar Singh Kanwar, Advocate, for respondent No.1. Mr. Amit Jhanji, Advocate, for respondents No.2 and 3. **** , +&
- %.' Challenge in this petition has been made to the order dated 29.06.2018, debarring the petitioner4firm for a period of two years from participating in any such type of tenders and also forfeiting the security. 2.
It is contended by learned counsel for the petitioner that not only the impugned order is in violation of the principles of natural justice, as no notice or opportunity of hearing was afforded to the petitioner, but it is also directly in the teeth of the settled principles of law culled out by the Hon'ble Supreme Court, that blacklisting cannot be for an unlimited period. Reference, in this regard, may be made to the judgment of the Hon'ble Apex Court in
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"#$%&' %& ()% RAVINDER SHARMA 2019.01.18 11:25 I attest to the accuracy and integrity of this document
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When confronted with the situation, finding it difficult to support the impugned action and the order, learned counsel for the respondents No.2 and 3 submits that the respondents' authorities shall pass a fresh order, in accordance with law, after notice and affording an opportunity of hearing to the petitioner.
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In view of the above facts and settled proposition of law, the impugned order is not liable to be sustained and the same is hereby set aside. The writ petition stands allowed and the matter is remitted to the respondents' authorities to pass a fresh order, in accordance with law, after notice and opportunity of hearing to the petitioner.
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Whether speaking/reasoned √Yes/No Whether reportable Yes/No√ RAVINDER SHARMA 2019.01.18 11:25 I attest to the accuracy and integrity of this document