JABALPUR, India, Nov. 19 -- Madhya Pradesh High Court issued the following judgment/order on Oct. 27:

Petitioner inter alia impugns order dated 01.05.2025. Petitioner was given a show cause notice dated 25.04.2025 requiring the petitioner to show cause as to why the action of inter alia disqualification, debarment and blacklisting, forfeiture of earnest money deposit in termination of contract and disqualification in participation in future tender be not passed against petitioner.

Petitioner filed a detailed reply dated 28.04.2025 alongwith annexures running into 66 pages. By impugned order dated 01.05.2025, though respondent has invited petitioner for a personal hearing but there is a single line observation made that the reply is not satisfactory.

We are unable to accept the observation made in order dated 01.05.2025 that reply is not satisfactory for the reasons that reply is a detailed reply with annexures.

Order dated 01.05.2025 clearly shows the non application of mind by the authority who at the outset states that the reply is not satisfactory, therefore, there was no purpose to invite the party for oral hearing. Consequently we set aside the order dated 01.05.2025 and direct the competent authority to consider the reply of the petitioner in accordance with law.

At this stage, learned Senior counsel for petitioner submits that since reply was given on 28.04.2025 and thereafter counter affidavit has been filed by the respondent in this petition, an opportunity be given to the petitioner to file supplementary reply.

Consequently, we permit the petitioner to file supplementary reply within seven days from today. Thereafter, Competent Authority shall adjudicate the show cause notice dated 25.04.2025 after taking into account reply dated 28.04.2025 and the supplementary reply of the petitioner, if any.

Petitioner shall also be given opportunity for personal hearing prior to passing order. The Competent Authority shall pass a speaking order given the detailed reason for action, if any proposed against the petitioner.

Needless to state, it would be open to the petitioner to avail such further remedies as may be permissible in law, if aggrieved by the decision on the show cause notice.

Petition is disposed of in the above terms.

Disclaimer: Curated by HT Syndication.