Jolly V. Paul v. The State Of Maharashtra, Thr. Secretary, Department Of Energy, Mumbai And Others

1 wp6720.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 6720 OF 2024 ( Jolly v. Paul ..vs.. The State of Maharashtra, through its Secretary, Department of Energy, Mumbai and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.A. Naik, Senior Counsel assisted by Mr. R.R. Deo, Counsel for the petitioner.

CORAM : AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.

DATE : 19-11-2024 The petition questions the blacklisting of the petitioner by the communication dated 12-11-2024 (Page No.67) for a period of three years on the ground of violation of professional conduct and discipline. Mr. A.A. Naik, learned Senior Counsel submits, that the petitioner was engaged for providing semi skilled workers for maintenance at Koradi Thermal Power Station for the duration 13-11-2023 to 12-11-2024, which period of contract was about to expire when the show cause notice dated 05-11-2024 (Page No.65) was issued calling upon the petitioner to show cause. Though an explanation has been given on 07-11-2024 (Page No. 66), the petitioner has been blacklisted from participating in any ongoing and future tenders of Koradi Thermal Power Station for a period of three years. It is contended by him, that the explanation given on 07-11-2024 in fact would indicate that there was no indiscipline done by the petitioner, rather the aggressive nature of talk by the petitioner was immediately

2 wp6720.24 apologized and, therefore, cannot be a ground of blacklisting the petitioner.

2.

Issue notice for final disposal to the respondents, returnable on 25-11-2024.

3.

Mrs. S.S. Jachak, learned Additional Government Pleader waives service of notice for respondent No.1. 4.

The petitioner is permitted to serve the other respondents by all permissible modes.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) adgokar Signed by: MR. P.M. ADGOKAR Designation: PS To Honourable Judge Date: 19/11/2024 19:46:15