Jodhpur:<\/strong> The Rajasthan High Court has quashed a three-year blacklisting order against a contractor, holding that a notice asking him to clear outstanding dues could not be treated as a notice that he might be blacklisted.<\/p>\n\n\n\n The Court found that the contractor was not given a proper opportunity to explain his case before being barred from future government tenders.<\/p>\n\n\n\n Justice Anoop Kumar Dhand set aside the blacklisting order passed against M\/s S.S. Corporation<\/p>\n\n\n\n The case concerned M\/s S.S. Corporation, which had secured a contract to operate golf carts at Sajjangarh Biological Park, Udaipur.<\/p>\n\n\n\n The Forest Department alleged that the contractor failed to clear outstanding dues despite repeated notices and subsequently barred it from participating in future tender processes and the procurement law permits exclusion from future tenders.<\/p>\n\n\n\n The authorities subsequently blacklisted him for three years from participating in tender processes of other departments and also barred him from future tenders of the respondent department for an indefinite period.<\/p>\n\n\n\n Challenging the action, the contractor argued that although he had received notices asking him to clear the dues, none of those notices informed him that failure to make the payment could result in blacklisting or debarment from future tenders.<\/p>\n\n\n\n The Court agreed with the contention and found a clear violation of the principles of natural justice.<\/p>\n\n\n\n Justice Dhand held that before imposing such a serious consequence, the department was required to specifically inform the contractor of the proposed action and give it an opportunity to explain why it should not be blacklisted.<\/p>\n\n\n\n Referring to Supreme Court judgments, the Court noted that a person facing adverse action must know the allegations against him and must be given a reasonable opportunity to defend himself, including an opportunity to explain why the proposed punishment should not be imposed.<\/p>\n\n\n\n The Court therefore quashed blacklisting order and allowed the department to issue a fresh show-cause notice<\/p>\n","protected":false},"excerpt":{"rendered":" Contractor Was Asked to Clear Dues but Not Warned That Non-Payment Could Lead to 3-Year Blacklisting from Government Tenders, Court Holds Jodhpur: The Rajasthan High Court has quashed a three-year blacklisting order against a contractor, holding that a notice asking him to clear outstanding dues could not be treated as a notice that he might … Read more<\/a><\/p>\n","protected":false},"author":2,"featured_media":9410,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_wppp_is_locked":false,"_wppp_selected_plans":[],"footnotes":""},"categories":[69],"tags":[],"class_list":["post-9700","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-rajasthan-high-court"],"_links":{"self":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9700","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/comments?post=9700"}],"version-history":[{"count":1,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9700\/revisions"}],"predecessor-version":[{"id":9701,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9700\/revisions\/9701"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/media\/9410"}],"wp:attachment":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/media?parent=9700"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/categories?post=9700"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/tags?post=9700"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}What was the case?<\/h4>\n\n\n\n