Research › Browse › Judgment

Calcutta High Court · body

1997 DIGILAW 200 (CAL)

GRAND ENGINEERING WORKS v. STATE OF WEST BENGAL

1997-05-09

S.B.SINHA

body1997
S. B. SINHA, J. ( 1 ) THE question which arises for consideration in this application is as to whether the impugned order dated 12. 3. 97 whereby and where under the petitioners have been black listed, is sustainable in law. The said order. . . . . . . . . . thus :"the undersigned hereby orders that M/s. Grand Engineering Works, Barajaguli Chowmatha, P. O. Barajaguli, Dist : Nadia be black listed for trans actioning any sort of business with this Directorate with immediate effect". A bare perusal of the aforementioned order would show that the assertion to the effect that the said order was passed without complying with the mandatory requirements of principle of natural justice is correct. However, Mr. Mishra, learned Advocate appearing on behalf of the respondents seeks to place before this Court a purported admission of the petitioners to the effect that he had accepted the fact that he had been loading certain other materials which was sith permitted under the contract. The learned Counsel in support of his aforementioned contention relied upon The Chairman, Board of Mining Examination and Chief Inspector of Mines and Another. v. Ramjee, reported in AIR 1977 S. C. Page- 965 and K. L. Tripathi v. State Bank of India and Others, AIR 1984 page-273. ( 2 ) IT is clear that prior to passing of the order no opportunity of hearing was given to the petitioners. The records produced before this Court do not show that any notice has been issued to the petitioners nor an opportunity to explain the alleged misconduct had been given. It is a. . . . . law in view of the decision of the Supreme Court of India in the case of M/s. Erusian Equipment Chemicals Limited. v. State of West Bengal reported in AIR 1975 SC at page-266 that the order of blacklisting without comploying with the principles of natural justice would be bad in law. This aspect of the matter has also been considered by the Supreme Court in the case reported in AIR 1981 SC at page-1481. In M/s. Southern Painters v. Fertilizer and Chemicals Travancore Limited, reported in AIR 1994 SC at page-1277, the Apex Court upon considering various decisions has held that before passing an order of blacklisting prior notice at opportunity of being heard is necessary. In S. L. Kapoor. In M/s. Southern Painters v. Fertilizer and Chemicals Travancore Limited, reported in AIR 1994 SC at page-1277, the Apex Court upon considering various decisions has held that before passing an order of blacklisting prior notice at opportunity of being heard is necessary. In S. L. Kapoor. v. Jogmohan and Others, reported in AIR 1981 at page-136, it has been held that non-grant of such opportunity itself would result in prejudice. The decisions relied upon by Mr. Mishra Learned Advocate for the state were rendered in different facts situation. In the case of The Chairman, Board of Mining Examination and Chief Inspector of Mines and Another. v. Ramjee, reported in AIR 1977 S. C. at page-965, the Apex Court was dealing with the matter relating to holding of examination. ( 3 ) IN K. L. Tripathi case (1984 S. C. at page-273), the Apex Court held that where a matter is admitted, a further opportunity of hearing need not be given but the same would depend upon fact of each case. ( 4 ) AN order of blacklisting not only deprives a person from his livelihood but also affects his reputation. In that view of the matter strict compliance of principle of natural justice must be held to be a constitutional necessity before such an order can be passed. ( 5 ) IN that view of the matter, the impugned order cannot be sustained. It is accordingly set aside with liberty to the concerned respondents to pass a fresh order after giving an opportunity of hearing to the petitioners in the light of the decisions of the Supreme Court referred to hereinbefore. in the facts and circumstances of the case, there will be no order as to costs. This application in this, disposed of ( 6 ) LIBERTY is given to the learned counsel for both the parties to take down the gist of this order for communication. Petition succeed.