Maheswar Samanta v. The State Of West Bengal Represented By The Addl. Secretary, Pnrd And ORS.

ML. 123 10.04.2025 Court No.14 AGM

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 6716 of 2025 Maheswar Samanta Vs.

State of West Bengal & Ors.

Mr. Ashok Kumar Banerjee, Sr. Adv.

Mr. Anal Kumar Ghosh Ms. Neelina Chatterjee Ms. Ahene Bhattacharyya ...for the Petitioner.

Mr. Nilotpal Chatterjee Mr. Amrita Lal Chatterjee ...for the State.

1.

Learned advocate representing the State respondents fairly submits before this Court that there is no document to show that a prior opportunity of hearing was given to the petitioner before passing further order of debarment.

2.

As the order of debarment leads to civil consequences, the principles of natural justice are required to be complied with. The petitioner ought to be provided an opportunity of hearing prior to passing further order of debarment or extending the period of the earlier order of debarment. Opportunity of hearing has not been given in this case.

3.

In view of the above, the impugned order dated 10th February, 2025 is set aside.

4.

It will be open for the respondents to take necessary steps in the matter in accordance with law, if so advised. 5.

The writ petition stands disposed of.

6.

Urgent certified photocopy of this order, if applied for, be supplied to the parties or their advocates on record expeditiously on compliance of usual legal formalities. (Amrita Sinha, J.)