1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.4696 OF 2010 (P.M. Sahani, Proprietor M/s. P.M. Sahani vs. Chief General Manager, Chandrapur Super Thermal Power Station) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : APRIL 26, 2011 Heard Shri Anjan De, learned Counsel for the petitioner, and Shri Mohgaonkar, learned Counsel for the respondent. The petition is directed against the order dated 31/8/2010 issued by the respondent whereby petitioner Contractor has been blacklisted due to pilferage of coal. Shri Anjan De, learned Counsel for the petitioner, states that apart from the other grounds raised in the petition, the said order of the respondent is challenged primarily on the ground that the same is violative of principles of natural justice since 2 reasonable opportunity of hearing was not given by the respondent to the petitioner before passing the impugned order whereby petitioner has been blacklisted. It is, therefore, contended that the impugned order being violative of principles of natural justice, cannot be sustained in law. Shri Mohgaonkar, learned Counsel for the respondent, states that the respondent issued two show cause notices to the petitioner and the petitioner submitted his reply to both the show cause notices. Since reply of the petitioner was found to be not satisfactory, the impugned order of blacklisting came to be passed. It is contended that the petitioner had not made any request for grant of personal hearing before the respondent. We have considered the contentions canvassed by the learned Counsel for the parties. Though respondent Department had issued show cause notices to the petitioner as to why he should not be blacklisted and though petitioner had given reply to the said show cause notices, however, reasonable opportunity of hearing was not given by the respondent to the petitioner and, therefore, on 3 this ground alone, the impugned order, in our view, being violative of principles of natural justice, cannot be sustained in law. For the reasons stated hereinabove, the impugned order is quashed and set aside. The matter is remanded back to the respondent Chief General Manager for re-consideration of issue of blacklisting the petitioner afresh. The respondent should take a decision in this regard within a period of four weeks from the date of communication of this order, after following principles of natural justice. It will be open for the petitioner to file documents in order to prove his innocence before the respondent. The petitioner undertakes to appear before the respondent at 11 A.M. on 13 th May, 2011. With these observations and directions, the petition is disposed of. Copy of this order, duly authenticated by the Court Sheristedar, be given to the learned Counsel for the parties. JUDGE JUDGE khj 4