AIR 2014 SUPREME COURT 3371 ::2014 AIR SCW 4586
Supreme Court Of India
Hon'ble Judge(s): J. Chelameswar, A. K. Sikri , JJ

(A) Constitution of India , Art.19(1)(g), Art.14— Blacklisting contractor - Show cause notice should be served - Once show cause notice is given and opportunity to reply afforded - Oral hearing need not be given. (Para 18) (B) Constitution of India , Art.19(1)(g), Art.14— Blacklisting contractor - Show cause notice - Should state material/grounds necessitating said action - And particular penalty/action proposed to be taken - Merely because clause in Notice Inviting Tender empower department to impose such penalty - Does not mean that such penalty can be imposed without putting defaulting contractor to notice to this effect. The purpose of show cause notice for backlisting contractor is primarily to enable the noticee to meet the grounds on which the action is proposed against him. @page-SC3372 However, it is equally important to mention as to what would be the consequence if the noticee does not satisfactorily meet the grounds on which an action is proposed. To put it otherwise, in order to fulfil the requirements of principles of natural justice, a show cause notice should meet the following two requirements viz: i) The material/ grounds to be stated on which according to the Department necessitates an ....

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