M/S Shantnu Construction Kishni Road v. State of U.P. and 3 Others

Court No. - 21 Case :- WRIT - C No. - 35901 of 2023 Petitioner :- M/S Shantnu Construction Kishni Road Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shri Krishna Mishra,Ajay Mishra Counsel for Respondent :- C.S.C.,Manvendra Nath Singh Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Donadi Ramesh,J.

¶1The petitioner has challenged the order dated 30.09.2023 passed by respondent no. 4 and order dated 24.06.2023 also passed by the same respondent directing recovery of 35% of the contract money from the petitioner's firm and reiterating as correct the previous orders passed in relation to recovery and blacklisting of the petitioner firm.

¶2Counsel for the parties agree that the instant case is covered by the order passed today in Writ-C No. 35844 of 2023. The said writ petition has been allowed today and the operative part of the order is as follows: "5. We are satisfied that the impugned order does not comply with the principles of natural justice. One of the essential ingredients of principles of natural justice is to consider the explanation submitted by the person against whom the order is being passed. In the instant case, as noted above, there is no application of mind to the objections submitted by the petitioners against the inquiry report. The order has been passed in a casual and pedantic manner, ignoring the fact that in the previous round of litigation also the order passed by respondent no. 4 was set aside holding that it does not reflect application of mind.

¶6Having regard to the above, we hereby quash the impugned order but leave it open to respondent no. 4 to pass fresh order consistent with the principles of natural justice.

¶7The writ petition stands allowed to the extent indicated above."

¶3Accordingly, the instant petition is also disposed of in above terms. (Donadi Ramesh, J.) (Manoj Kumar Gupta, A.C.J.) Order Date :- 22.11.2023/Ruhi H. High Court of Judicature at Allahabad