KARTAR SINGH AND CO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition under Articles 226/227 of the Constitution of India, the short grievance of the petitioner is that by an order dated P/25 dated 6.10.2003, fundamental rights of the petitioner under Article 19(1)(g) of the Constitution of India have been contravened without due process of law.

(2.) Learned counsel for the petitioner submitted that before the order of black-listing is passed, the petitioner-Firm was not given any opportunity of hearing. The order clearly causes civil consequences. It is confiscatory in nature, therefore, the same could not have been passed without atleast complying with the bare minimum requirements of the principles of natural justice. In other words, the petitioner ought to have been heard before the impugned order Annexure P-25 was passed.

(3.) Mr. H.S. Sran vehemently argued that a perusal of the impugned order itself would demonstrate that the petitioner has failed to complete the work within the stipulated time limit and the respondents were left with no option but to take action against the petitioner-Firm.