2023 (4) TMI 1437

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.....2023 passed by the Writ Court dismissing the writ petition filed by the petitioner holding that Annexure P/1 dated 14.12.2022 is only a show cause notice and nothing has been finally adjudicated while issuing show cause notice. 2. Mr. Ashustosh Pandey, learned counsel for the appellant, would submit that in earlier round of litigation, in WPC No. 1325/2021 in the matter of M/s Techno Prints through Vikas Kapoor v. Chhattisgarh Textbook Corporation and Another vide order dated 28.01.2022 the order of black listing has been quashed. He further submits that respondent authorities has issued a show cause notice dated 14.12.2022 invoking clause No. 16.9 of the contract tender documents which is liable to be set aside. 3. A caref....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....2352;्ण करवाना पड़ा, अतः निविदा कंडिका 16. 3 एवं 16.9 के प्रावधान अनुरुप क्यूँ न आपकी सुरक्षा राशि एवं शेष जमा राशियों से उक्त क्षतिपूर्ति क&#23....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....6;्ताह के भीतर प्रस्तुत करने का कष्ट करें।" 4. A careful perusal of the aforesaid part of the notice would show that it is only a show cause notice and appellant's response has been sought to decide the issue and nothing has been adjudicated to say that the respondent has already taken final decision in the matter. The learned Single Judge after detailed hearing has clearly held in paragraphs No. 9 to 14 as under:- 9. The plain reading of the aforesaid order would clearly give an indication that the challenge in the earlier r....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ies are duty bound to duly consider the same and after due consideration alone, can they take an appropriate decision to proceed further, if required. 12. Further, what is also reflected from the proceedings is that, subsequent to allowing of the earlier writ petition, the respondents have now issued with a detailed show cause notice to the petitioner on 14.12.2022, which is under challenge in the present writ petition. The notice would clearly give an indication of the details of the papers that the petitioner had collected for the printing and publication purpose at the different point of time from the respondent-Corporation. The core question that needs to be consider is that since there was no challenge to the show cause notice....