M/S Labco Instruments Thru. Its Sole Proprietor Shri Arvind Kumar Verma and Another v. State of U.P. Thru. Prin. Secy. Medical Health and Family Welfare Lko. and Others

Court No. - 3 Case :- WRIT - C No. - 10697 of 2023 Petitioner :- M/S Labco Instruments Thru. Its Sole Proprietor Shri Arvind Kumar Verma And Another Respondent :- State Of U.P. Thru. Prin. Secy. Medical Health And Family Welfare Lko. And Others Counsel for Petitioner :- Tanay Chaudhary,Aditya Vikram Singh Counsel for Respondent :- C.S.C.,Naresh Chandra Mehrotra Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

¶1Sri Naresh Chandra Mehrotra, Advocate has filed power on behalf of respondent no.3 today and the same is taken on record.

¶2Heard Sri Jaideep Narain Mathur, Senior Advocate assisted by Sri Tanay Chaudhary, Advocate, Aditya Vikram Singh, Advocate and Sri Aditya Khanna, Advocate on behalf of petitioner, Sri Naresh Chandra Mehrotra, learned counsel for respondent no.3 and learned Standing Counsel for State.

¶3Earlier black listing order passed against the petitioner was set aside by this Court on the ground that no opportunity of hearing was given to petitioner before passing the order of black listing. However, liberty was granted to respondents to pass fresh order after giving an opportunity of hearing. Now, again merely by fixing a date for hearing on which petitioner was called the impugned order dated 31.10.2023 is passed whereby petitioner has been again black listed for unspecified time.

¶4It is least expected by respondent authorities that they would give show cause notice and intimate the ground on which the reply is sought from the petitioner. However, respondent no.2 Secretary, Medical (Anubhag-6), Civil Secretariat, Lucknow has failed to even comply with said small necessary legal requirement. It can not be believed that the respondent no.2 is unaware of this basic formality necessarily required to be completed under the law.

¶5In view of the aforesaid facts and circumstances of the case, the impugned order dated 31.10.2023 is set aside.

¶6The respondent no.3 is cautioned not to exercise his power in such a causal manner and ensure compliance of law.

¶7It is further provided that no order shall be passed against petitioner unless a notice with reason as to why any order is proposed to be passed is served to petitioner and time is provided to file its reply.

¶8With the aforesaid, the writ petition is allowed. Order Date :- 11.12.2023 Arti/- [Manish Kumar,J.] [Vivek Chaudhary,J.] High Court of Judicature at Allahabad, Lucknow Bench