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Judgment
Mr. Vinod K. Sharma
The petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer for issuance of a Writ, in the nature of Cetiorari, to quash the order dated 28.10.2008, passed by the Chief Engineer, TWAD Board blacklisting the petitioner along with other contractors.
The impugned order reads as under:
PROCEEDING OF THE CHIEF ENGINEER, TWAD BOARD
EASTERN REGION, NO.39, EASWARI NAGAR,
MEDICAL COLLEGE ROAD, THANJAVUR 613 004
PRESENT: Er. B. Hariharasubramanian, ME, MBA, FIE
Proc. No. 48/F. Enlist (Blacklist)/JDO 2/2008/Dt. 28.10.2008
Sub: Contracts - TWAD Board - Execution division, Kumbakonam - certain irregularities and malpractices committed by the contractors in the construction of over head tanks in Thanjavur, Thiruvarur and Nagapattinam District during the year 1998- 2001 - Black listing of - contractors - orders issued - reg.
Ref: 1. Secretary to Govt. (MA & WS) Secretariat, Chennai. Lr. No. 2(D) No: 58 Dt. 23.04.2008, addressed to Managing Director, TWAD Board, Chennai.
Engineering Director/TWAD Board/Chennai, Lr.No.30752/COM/SD01/2008 Dt. 22.09.2008.
In the reference (1) cited the Principal Secretary to Government stated that the investigating authority has brought to the notice of the Government, certain irregularities and malpractice in the construction of over head tanks in Thanjavur, Thiruvarur and Nagapattinam Districts by the Contractors of TWAD Board, Execution Division, Kumbakonam (Defunct).
The Secretary to Government has also state that 29 Contractors (list enclosed) have come to adverse notice in this case and the Principal Secretary to Government as per finding of investigating authority request the Board to Black list the above contractors.
In the Engineering Director''s letter vide reference (2) nd. cited it is instructed to take immediate action to black list the contractor listed in the Government letter as per G.O. No. SS. 1658- 10/79 Public SC Department dt. 31.10.80 and B.P. Ms. No. 410/ dt. 24.07.81.
In pursuance of the instructions given by the Government letter in the reference cited, I hereby order to Blacklist the following contractors as listed in the Government letter cited and as per findings of investigating authority so as not to enter into or involve any business dealing with them.
3.The only ground of challenge, is that before passing an order, effecting the civil right of the petitioner, no notice or opportunity of hearing was given, nor it has been disclosed as to which malpractice was attributed to the petitioner.
The impugned order, being arbitrary and having been passed in violation of principles of natural justice cannot be sustained.
Consequently, this Writ is allowed and the impugned is set aside.
However, it shall be open to the respondents to take appropriate action by following due process of law, if any material is available against the petitioner. No costs. Consequently, connected M.Ps. are closed.