Facts
The petitioner was awarded a contract to erect 33 towers for the Police Department.
Source reference: para. 2–4The State paid for 13 towers but alleged that the remaining 20 did not meet the tender specifications.
Source reference: para. 2–4In a letter dated 26 February 2026, the State directed the petitioner to rectify the alleged deficiencies by 15 March 2026, warning that the security deposit would be forfeited and blacklisting proceedings initiated if it failed to do so.
Source reference: para. 2–4The State subsequently blacklisted the petitioner by order dated 16 June 2026.
Source reference: para. 2–4The petitioner challenged that order, arguing that it had not received a specific show-cause notice or an opportunity to respond to the proposed blacklisting.
Source reference: para. 2–4Issues
1. Whether the petitioner was given adequate notice and an opportunity to respond before being blacklisted.
Source reference: para. 3–52. Whether the blacklisting order could stand despite the absence of an independent show-cause notice concerning blacklisting.
Source reference: para. 5–6Law Applied
The Court applied the principles of natural justice, requiring the tendering authority to provide a person with an opportunity to show cause before imposing blacklisting.
Source reference: para. 5A notice requiring rectification of contractual deficiencies, even if it warns that blacklisting proceedings may follow, is not a substitute for an opportunity to answer why blacklisting should not be imposed.
Source reference: para. 5No statute or precedent was expressly cited in the judgment.
Source reference: para. 5Reasoning
The letter of 26 February 2026 gave the petitioner an opportunity to rectify the alleged defects and warned that blacklisting proceedings would be initiated if it did not do so.
Source reference: para. 5However, the authority did not initiate a separate blacklisting process or issue a specific show-cause notice before passing the impugned order.
Source reference: para. 5The petitioner therefore had no opportunity to address the proposed blacklisting or to present its position on whether the towers complied with the tender specifications.
Source reference: para. 5The Court held that this procedural omission violated natural justice.
Source reference: para. 5Because the blacklisting order set out the grounds relied on, the Court directed that it be treated as a show-cause notice to avoid further delay.
Source reference: para. 6Holding
The Court set aside the blacklisting order.
It directed the petitioner to submit a show-cause reply within 30 days, treating the impugned order as the notice, and directed the authority to proceed in accordance with law after receiving the reply, providing a hearing if necessary.
Source reference: para. 6–7The petition was allowed to that extent.
Source reference: para. 6–7Original Court PDF
APPLIED COMMUNICATIONS AND CONTROLSvsSTATE OF CHHATTISGARH
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