NAND KISHORE FOGLA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for quashing the order dated 12-5-05 issued under the signature of the I. G. (Prison), Jharkhand, Ranchi (respondent No. 3) whereby the petitioner has been blacklisted on the ground that he is not able to make proper supply of the food materials and other articles to Khunti Sub-Jail. It has been contended that the impugned order has been issued without giving any prior notice or opportunity of hearing to the petitioner. It has been stated that the petitioner has been supplying the food materials and other articles in different Jails of Jharkhand since 1971 without any complain. The petitioner is completely blind and this is the only source of his livelihood. The petitioner has been supplying the food articles and other materials on being allotted the work after considering his bids and as per the decision of the Purchase Committee. However, the petitioner has been suddenly served with the impugned order blacklisting him on the allegation of non-supply of the food articles in time without issuing any prior notice to show cause and affording him any opportunity of representation or hearing.

(2.) LEARNED counsel appearing on behalf of the petitioner submitted that the impugned order passed without giving any prior notice and opportunity of hearing to the petitioner is violative of principles of natural justice and the same is non est.

(3.) A counter affidavit has been filed on behalf of the respondents contesting the writ petition. However, the respondents have not denied the statement of the petitioner that he was not served with any notice and was not afforded any opportunity of hearing.