In the High Court of Punjab and Haryana at Chandigarh CWP No. 8167 of 2008 Date of decision: 26.5.2008 JanJagriti Sangathan,Kurukshetra etc. ......Petitioner Versus State of Haryana and others .......Respondents CORAM: HON'BLE MR.JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA Present: Mr.R.S.Rana, Advocate, for the petitioners. Mr.Ashish Kapoor, Addl.A.G.Haryana. **** JUDGMENT M.M.KUMAR, J. The instant petition, filed by the petitioners who are NGOs, is directed against the order dated 18.5.2007 (Annexure P- 11). In the impugned order there are eight Non-Government Organisations (for brevity the 'NGOs'), which have been black listed on the allegation of misappropriation of funds. One of them, Adarsh Gram Udyog Samiti (figured at Sr.No.4 in the impugned order) had approached this Court earlier by filing CWP No.10995 of 2007, decided on 12.2.2008 (Annexure P-13). The aforementioned petition was allowed on the simple ground that the principles of natural justice were not complied with before black listing the NGO and the impugned order dated 18.5.2007 (Annexure P-11) was set aside qua the petitioner-society with liberty to the respondents to proceed against the petitioner-society in accordance with law. Notice of motion in the instant petition was issued and the CWP No. 8167 of 2008 -2- learned State counsel was asked to seek instructions as the matter was covered. A written statement on behalf of respondents No. 1 and 3 has been filed in the Court today. In para 5 of the preliminary submissions, it has been conceded that after the petitioners were found guilty of misappropriation of funds by the Accountant General (Audit), Haryana, there was no necessity of issuing any further notice to them and the petitioners had rightly been black listed due to misappropriation of Government funds. The aforementioned stand has been taken despite the fact that we have already expressed our opinion in our order dated 12.2.2008 (Annexure P-13) in the case of Adarsh Gram Udyog Samiti (Supra). After hearing learned counsel for the parties, we are of the considered view that the writ petition deserves to be allowed and the impugned order dated 18.5.2007 (Annexure P-11) is liable to be set aside in terms of our judgment dated 12.2.2008 (Annexure P-13). Ordered accordingly. However, we would like to observe that the respondents should not force every one, who is black listed by the impugned order, to approach this Court if they have not issued any show cause notice to them before black listing. Unnecessary litigation can be easily avoided by them by taking a proper decision at the administrative level. (M.M.KUMAR) JUDGE (SABINA) May 26, 2008 JUDGE anita