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Judgment
Honourable Mr. Justice V. M. Sahai
We have heard learned Senior Counsel Mr. Mihir Thakore assisted by learned counsel Ms. Lilu Bhaya for the petitioner and learned counsel Mr. H.S. Munshaw for the respondent.
Though the matter is listed on the board for admission, but with the request of the counsels for the parties, we have taken this matter for final disposal.
Rule. Learned counsel Mr. H.S. Munshaw waives service of notice of rule on behalf of respondent.
Learned counsel for the petitioner has urged that the impugned order of blacklisting dated 7th September, 2011, has been passed without affording an opportunity of hearing to the petitioner. This fact is not disputed by learned counsel Mr. H.S. Munshaw for the respondent that, prior to passing of the order dated 7th September, 2011, no notice or any opportunity was given to the petitioner but he has urged that after the order dated 7th September, 2011, was passed, opportunity of hearing was afforded to the petitioner which was availed by the petitioner. The law contemplates that prior to passing of the impugned order of blacklisting, opportunity of hearing has to be afforded to the affected party as the blacklisting entails civil consequences.
4.1 Learned counsel for the petitioner has relied upon the following decisions:
(i) Erusian Equipment and Chemicals Ltd. Vs. State of West Bengal and Another, (1975) 1 SCC 70.
(ii) Raghunath Thakur Vs. State of Bihar and Others,
(iii) M/s. Southern Painters Vs. Fertilizers and Chemicals Travancore Ltd. and another,
(iv) B.S.N. Joshi and Sons Ltd. Vs. Nair Coal Services Ltd. and Others,
It has been held by the Hon'ble Apex Court that the order cannot be passed without issuing any notice or without affording an opportunity of hearing to the affected party. In this view of the matter and in view of the aforesaid decisions relied on by the learned counsel for the petitioner, the petition deserves to be allowed.
In the result, the petition is allowed. The impugned order dated 7th September, 2011, passed by the respondent is set aside. However, it shall be open to the respondent to issue fresh show-cause-notice to the petitioner, and after considering the reply given by the petitioner, they may pass appropriate orders. Rule is made absolute. The parties shall bear their own costs.