C.W.P. No. 12853 of 2009 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 12853 of 2009 DATE OF DECISION: 16.09.2009 M/s Madan Kharbanda, Builders, Engineers, ..........Petitioner Contractors and Furnishers Versus Postgraduate Institute of Medical Education and ..........Respondents Research, Chandigarh & Others CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Arvind Bansal, Advocate for the petitioner. Mr. Deepak Sibal, Advocate for the respondents. **** ADARSH KUMAR GOEL, J. (Oral) 1. This petition seeks quashing of order dated 18.7.2009 (Annexure P-13) debarring the petitioner from further works with the respondent-Institute. The order refers to investigation by an independent inquiry followed by Vigilance inquiry as per the advice of Central Vigilance Commission. 2. Notice was issued to consider the contention raised on behalf of the petitioner that no opportunity had been given to the petitioner before passing the order of blacklisting. 3. Reply has been filed on behalf of the respondents stating that the petitioner was given hearing during the course of inquiry by the Inquiry Officer. C.W.P. No. 12853 of 2009 (2) 4. We have heard learned counsel for the parties. 5. Learned counsel for the petitioner submits that the authority passing the order has acted only on the basis of findings in the inquiry report without giving any opportunity to the petitioner to furnish its view- point to rebut the same. This contention remains unrebutted. 6. We are of the view that the view point of the petitioner in response to the findings recorded by the Inquiry Officer ought to be taken into account before passing order of blacklisting. Accordingly, we direct that order Annexure P-13 will not be treated as final and operative till a fresh order is passed after hearing the petitioner and considering its view point, in accordance with law. 7. The petitioner would be at liberty to furnish its view point within three weeks' from today. 8. The petition is disposed of. (ADARSH KUMAR GOEL) JUDGE September 16, 2009 (DAYA CHAUDHARY) pooja JUDGE Note:-Whether this case is to be referred to the Reporter .......Yes/No