Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administrative Law: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Administrative Law: Government contracts – Blacklisting of contractor – Principle of natural justice – Judicial review – Respondent was awarded contract to construct a flyover over the railway level crossing – Post construction, a ten meter slab of flyover collapsed which resulted in loss of life and property – A high level inquiry was conducted which submitted a comprehensive report and found respondent guilty – On the basis of such report, state government issued a show cause notice to respondent and on considering its reply thereto, permanently banned it from participating or bidding for any work to be undertaken by the government – Respondent filed writ petition before High Court – High Court set aside the order of blacklisting on the ground of violation of principles of natural justice – On appeal, held: Blacklisting order was passed after considering the allegations in the show cause notice, considering the reply and also by considering the material available on record and after following the procedure as per the Orissa Public Works Department Code – Thus, decision of state government of blacklisting the respondent was not in breach of principles of natural justice – “Debarment” is recognised and often used as an effective method for disciplining deviant suppliers/ contractors who may have committed acts of omission and commission – It is for the State or appropriate authority to pass an order of blacklisting/debarment in the facts and circumstances of the case – It was specifically found that the safety arrangements were lacking severely in the construction work zone and quality assurance was not emphasised as stipulated in the codes – High Court erred and exceeded its jurisdiction in exercise of powers under Art.226 of the Constitution of India in setting aside the blacklisting order, that too, without adverting to the serious allegations and the act of omission and commission on the part of the contractor which led to a serious incident of collapse of ten meter slab while concrete work of the deck was going on and due to which one person died and eleven others were injured – However, to debar him permanently can be said to be too harsh a punishment – Blacklisting restricted to five years. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 232 |
Petitioner | State Of Odisha & Ors. |
Respondent | M/s Panda Infraproject Limited |
SCR | [2022] 2 S.C.R. 183 |
Judgement Date | 2022-02-24 |
Case Number | 1083 |
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