TaxTMI 
TaxTMI 
2019 (11) TMI 1796
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.... petition, in nutshell, are that the respondent No.3 vide document Annexure P-1 had invited proposals for preparation of detailed project report for construction including survey, detailed engineering for the project, project design, feasibility study, utility shifting plan, land acquisition plans, cost estimates etc. for Package-I (Indore) and Package-II (Bhopal). The petitioner Company submitted its offer for both the packages and after scrutiny and evaluation of the bid, a Letter of Acceptance (Annexure P-2) was issued in favour of the petitioner Company. Thereafter, an agreement dated 11.4.2018 (Annexure P-3) was entered into between the petitioner and respondent No.3 and the petitioner initiated the work of preparation of the detailed project report for the roads within Package-I (Indore) which consisted of 7 subpackages namely Ujjain, Shajapur, Ratlam, Indore, Khandwa, Khargone and Barwani. The petitioner was required to submit the estimate for pole shifting which was to be carried out for the purposes of construction of the roads in question. The MP PWD vide its circular dated 26.2.2016 (Annexure P-4) has issued detailed guidelines for carrying out the pole shifting work. Ke....
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....nt petition has been filed by the petitioner. 05. Learned senior counsel appearing for the petitioner submitted that against the impugned order of debarment the petitioner has filed a detailed representation to the respondent No.3 on 15.10.2019 (Annexure P-21) but nothing has been done. He drew our attention to the initial part of the impugned order and on that basis it was urged that though the impugned order relates to the preparation of detailed project report for upgradation of MDRs in M.P. Package-II (Bhopal) vide letter dated 02.04.2018 but prior to passing of the impugned order, no show cause notice or opportunity of hearing has been provided to the petitioner in that respect. The learned counsel contended that all the show cause notices were issued in respect of sub-packages of Package-I (Indore) and thereafter, the respondents have proceeded with undue haste inasmuch as the impugned order of debarment has not been passed as per the guidelines of MP PWD dated 26.02.2016 but as per some other guidelines. On these premises, it was argued that the impugned order not only suffers from the vice of non-application of mind but it also violates the principles of natural justice as....
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....#39;' do not present a water-tight classification. It is the substance of justice which is to be secured by both, and whenever legal justice fails to achieve this solemn purpose, natural justice is called in aid of legal justice. Natural justice relieves legal justice from unnecessary technicality, grammatical pedantry or logical prevarication. It supplies the omissions of a formulated law. As Lord Buckmaster said, no form or procedure should ever be permitted to exclude the presentation of a litigants' defence. 10. The adherence to principles of natural justice as recognized by all civilised States is of supreme importance when a quasi-judicial body embarks on determining disputes between the parties, or any administrative action involving civil consequences is in issue. These principles are well settled. The first and foremost principle is what is commonly known as audi alteram partem rule. It says that no one should be condemned unheard. Notice is the first limb of this principle. It must be precise and unambiguous. It should apprise the party determinatively of the case he has to meet. Time given for the purpose should be adequate so as to enable him to make his repr....
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....f certiorari, referred to orders with errors on the face of the record and pointed out that an order with errors on its face, is a speaking order. (See pp. 1878-97, Vol. 4 Appeal Cases 30 at 40 of the Report). 15. This Court always opined that the face of an order passed by a quasi-judicial authority or even an administrative authority affecting the rights of parties, must speak. It must not be like the 'inscrutable face of a sphinx'. *** *** *** 47. Summarising the above discussion, this Court holds: (a) In India the judicial trend has always been to record reasons, even in administrative decisions, if such decisions affect anyone prejudicially. (b) A quasi-judicial authority must record reasons in support of its conclusions. (c) Insistence on recording of reasons is meant to serve the wider principle of justice that justice must not only be done it must also appear to be done as well. (d) Recording of reasons also operates as a valid restraint on any possible arbitrary exercise of judicial and quasi-judicial or even administrative power. (e) Reasons reassure that discretion has been exercised by the decision-maker on relevant grounds and by disregar....