IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).No. 27271 of 2010(H) -------------------------- PETITIONER(S): --------------- AMBILI.B,GOVERNMENT CONTRACTOR, LEKSHMI BAGH,TC 14/496/1,NANDAVANAM ROAD, PALAYAM,THIRUVANANTHAPURAM-3 3. BY ADV. SRI.AJITH KRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY ADDITIONAL CHIEF SECRETARY(FINANCE),SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY,PWD DEPARTMENT,SECRETARIAT THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER,PWD (ADMINISTRATION), PUBLIC OFFICE,THIRUVANANTHAPURAM. 4. THE EXECUTIVE ENGINEER,PWD ROADS DIVISION,THIRUVANANTHAPURAM. 5. THE ASSISTANT EXECUTIVE ENGINEER, PWD CITY ROADS SUB DIVISION,THIRUVANANTHAPURAM. 6. THE ASSISTANT ENGINEER,PWD CITY ROADS SUB DIVISION,THIRUVANANTHAPURAM. MR.NARAYANAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.27271 of 2010 (H) --------------------------------- Dated, this the 3rd day of September, 2010 J U D G M E N T Challenge in the writ petition is against Ext.P3, a communication issued by the 4th respondent intimating the petitioner that he has been black listed for a specified period of time. 2. First contention raised by the learned counsel for the petitioner is that this order was passed without issuing notice to him. It is also contended that the period for which the alleged black listing is ordered is not specified anywhere in Ext.P3. 3. Irrespective of the contentions raised by the learned counsel for the petitioner on the merits, it is an undisputed fact that Ext.P3 order of black listing was issued without issuing show cause notice to the petitioner. Thus the petitioner was not given an opportunity to make his representation against the proposal of black listing. It is the settled position of law that an order of black listing cannot be passed other than in compliance with the WP(C) No.27271/2010 -2- principles of natural justice. Admittedly, this order of black listing was passed in violation of the principles of natural justice and for that reason, this order cannot be sustained. Therefore, Ext.P3 order is set aside. It will be open to the 4th respondent or other competent officer in the Public Works Department to issue notice to the petitioner intimating him the ground for the proposed black listing, give him an opportunity to make his representation in the matter and pass fresh orders in accordance with law. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg