Krishna Gopal Vashistha v. Employees State Insurance Corp And ORS
!!" ! #$ %& Date of Decision: 12.11.2018 Krishna Gopal Vashistha .....Petitioner versus Employees State Insurance Corporation Medical College & Hospital, Faridabad and others .....Respondents %' ()%
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)), Present :
Mr. Neeraj Sharma, Advocate, for the petitioner. Mr. Anil Shukla, Advocate, for the respondents. **** + *%
, $-& Order dated 03.10.2017 cancelling the contract of the petitioner and also black4listing him for indefinite period is under challenge in this petition. The main ground of challenge is that the impugned order cancelling the contract and black4listing has been passed behind his back without any notice or opportunity and thus is in utter violation of the principle of natural justice. It is further contended that the order of black listing is further bad on the ground that it is for an unlimited period and is directly in the teeth of the judgment of the Hon'ble Supreme Court in
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Ravinder Sharma 2018.11.15 11:26 I attest to the accuracy and integrity of this document
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Learned counsel appearing for respondent Nos.1 to 3 faced with the aforesaid situation fairly concedes that fresh orders with respect to termination of contract and black listing would be passed after affording notice and opportunity of hearing in the matter. 3.
In view of the aforesaid, the impugned order dated 03.10.2017 is set aside. The matter stands remitted back to the Authority to pass orders fresh in respect of the termination of the contract as well as black listing after notice and opportunity of hearing to the petitioner. The entire exercise be carried out by the respondents within three months from today. 4.
With the aforesaid observations and directions, the petition stands allowed.
! Whether speaking/reasoned √Yes/No Whether reportable Yes/No√ Ravinder Sharma 2018.11.15 11:26 I attest to the accuracy and integrity of this document