JOSEPH VILANGANDAN versus THE EXECUTIVE ENGINEER, BUILDINGS & ROADS (P.W.D.) DIVISION, ERNAULAM & ORS.

JOSEPH VILANGANDAN versus THE EXECUTIVE ENGINEER, BUILDINGS & ROADS (P.W.D.) DIVISION, ERNAULAM & ORS.

The appellant was not afforded adequate opportunity to represent against the impugned action as the show cause notice did not give clear intimation that blacklisting and debarring from future contracts under the department was contemplated. This violated the principles of natural justice as laid down in Erusian Equipment & Chemicals Ltd. v. State of West Bengal.

Parties
Appellant: Joseph Vilangandan; Respondents: Executive Engineer, Buildings & Roads (PWD) Division, Ernakulam & Ors.
Jurisdiction
India
Judgment Date
20 March 1978
Procedural Posture
Civil Appeal / Appeal by Special Leave From Division Bench Judgment of Kerala High Court
Outcome
Appeal allowed
Legal Topics
Natural Justice, Blacklisting, Opportunity of Hearing, Fundamental Rights
Administrative Law Constitutional Law Government Contracts Natural Justice Blacklisting Opportunity of Hearing Fundamental Rights

Case Brief

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Parties

Joseph Vilangandan

Appellant

Executive Engineer, Buildings & Roads (PWD) Division, Ernakulam & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Division Bench Judgment of Kerala High Court

Legal Issues

  1. 1 Whether opportunity of being heard is necessary before blacklisting a contractor.
  2. 2 Whether the nature of opportunity given complied with principles of natural justice.

Ratio Decidendi

The appellant was not afforded adequate opportunity to represent against the impugned action as the show cause notice did not give clear intimation that blacklisting and debarring from future contracts under the department was contemplated. This violated the principles of natural justice as laid down in Erusian Equipment & Chemicals Ltd. v. State of West Bengal.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court set aside
  • Impugned order quashed