CHANDUBHAI RAJABHAI MALAKIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Shri Jay Patel appearing for petitioner, Mr. Bharat T. Rao, learned counsel appearing for respondent No.2 and Ms. Shrunjal Shah, learned Assistant Government Pleader appearing for respondent Nos.1 and 3.

(2.) Petitioner has been visited with an order dtd. 16/10/2021 (Annexure-G) where-under he has been blacklisted as a contractor for all works of Saurashtra University; amount of Rs.5000.00 deposited has been forfeited; and imposed with a fine of Rs.1.00 lac. Challenging said order, petitioner is before this Court contending inter alia that it is in violation of principles of natural justice, namely no notice was issued preceding the impugned order and on this ground itself, petition is liable to be allowed.

(3.) 2nd respondent who has passed impugned order has filed short reply affidavit dtd. 15/12/2022 contending inter alia that before arriving at a said decision, University constituted a four member committee for submitting fact finding report and out of four members, three members submitted report stating thereunder that officials of University are not involved and entire negligence is attributable to petitioner. It is further stated that one member has submitted independent report and as such syndicate of University at its meeting held on 25/8/2021 has accepted the report of majority and on recommendation having been made by the committee for blacklisting of present petitioner, 2nd respondent has accordingly blacklisted the petitioner and has passed the impugned order dtd. 16/10/2021. 2nd respondent in its affidavit has also stated that University would reconsider the case of petitioner only for duration of blacklisting in accordance with law.