RAMKRUSHNA SAHU Vs. COLLECTOR

JUDGEMENT

(1.) Alleging violation of principles of natural justice this writ application has been filed by Hamkrushna Sahu (hereinafter referred to as the'petitioner'). He assails the decision of Collector, Gajapati (opp. party No. 1), who directed that the petitioner was to be in the black -list. There was further direction that no purchase was to be made from him.

(2.) IT is petitioner's case that, he has been supplying materials to different Government offices in the district of Gajapati. The District Social Welfare Officer, Gajapati by his letter dated 3 -2 -1997 intimated the Child Development Project Officer and the Block Development Officers of the district that as per the orders of the Collector, petitioner was to be in the black -list and no purchase was to be effected from him. Petitioner makes agrievance that an order of black -listing has the effect of depriving him of equality of opportunity in the matter of public contract, and therefore, he had the right to be heard before such a decision is taken. Though no counter -affidavit has been filed, learned counsel for State while accepting that no opportunity was granted to the petitioner before directing including of his name in the black -list, submitted thatit was done in the public interest and therefore, there was do violation of the principles of natural justice.

(3.) IN passing an order of black -listing. Government department acts under what is described as a standardised Code. This is a Code for internal instruction. Government departments make regular purchase. They make list of approved suppliers after taking into account the financial standard of the firm, their capacity and their past performance.These aspects were highlighted by the apex Court in M/s. Erusian Equipment and Chemicals Ltd. v. State of West Bengal andAnr. :AIR 1975 SC 266.