Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | (OR/SSA) P. W.D. CONTRACTORS REGISTRATION RULES 1967 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | (OR/SSA) P. W.D. CONTRACTORS REGISTRATION RULES, 1967:r. 11 (a) - Cancellation of contractor's licence - Set aside by High Court for non-issuance of notice to contractor - HELD: High Court in its earlier order had specifically directed that before cancellation and forfeiture of security deposit, D notice was to be given - It would be open to State Government to issue a notice in terms of order passed by High Court and decide the matter after affording an opportunity of hearing to the contractor - Natural Justice. In a writ petition filed by the respondent, the High Court, on 13.5.2004, directed that without issuing a show cause notice to him and without giving him an opportunity of hearing, his licence as Super Class .A Contractor would not be cancelled. By order dated 7.10.2005 respondent's licence was cancelled under Rule11 (a) of P.W.D. Contractors Registration Rules, 1967. The respondent challenged the said order in another writ petition wherein the stand of the appellant- State was that a show cause notice had been issued to the respondents on 21.2.2004. The High Court by its order dated 9.2.2007 allowed the writ petition holding that after the order dated 13.5.2004 no notice was issued. Aggrieved, the State Government filed the appeals. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 77 |
Petitioner | State Of Orissa And Ors. |
Respondent | Balram Sahu |
SCR | [2009] 1 S.C.R. 655 |
Judgement Date | 2009-01-27 |
Case Number | 444 |
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