M/S Cyber Multimedia vs Dr.Jai Rup Singh And Another on 21 January, 2009

CWP No.13924 of 2008                  1



IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH.

                                           CWP No.13924 of 2008
                                           Date of decision: 21.1.2009


M/s Cyber Multimedia                               ..Petitioner
                         vs.

Dr.Jai Rup Singh and another
                                               ..Respondents.


CORAM:      HON'BLE MR.JUSTICE J.S.KHEHAR.
            HON'BLE MR.JUSTICE NAWAB SINGH.
                           ---
Present:    Ms.Poonam R.Mehta, Advocate, for the petitioner.

            Mr.D.S.Patwalia, Advocate, for the respondents.
                       --

J.S.KHEHAR,J. (Oral)

Through the instant writ petition the petitioner has impugned

the circular letter dated 9.6.2008 (Annexure P-3) whereby the petitioner

has been black listed by the respondent-university. It is the vehement

contention of the learned counsel for the petitioner, that the impugned order

dated 9.6.2008, has adverse civil consequences. In the aforesaid

background, it is submitted, that such an order which has adverse civil

consequences, cannot be passed without following the rules of natural

justice. It is also the pointed submission of the learned counsel for the

petitioner, that while passing the order dated 9.6.2008 black listing the

petitioner-company, neither any notice was issued to the petitioner, nor he

was afforded an opportunity of hearing, so as to enable him to repudiate the

basis on which the respondents desired to black list the petitioner.

Learned counsel for the respondents acknowledges that the

impugned order dated 9.6.2008, has adverse civil consequences qua the
CWP No.13924 of 2008 2

petitioner-company. Learned counsel for the respondents could also not

dispute, that the rules of natural justice were not followed while passing the

impugned order dated 9.6.2008. Accordingly, learned counsel for the

respondents states, that the respondents may be permitted to withdraw the

impugned order dated 9.6.2008, with liberty to the respondents, to pass a

fresh order after following the rules of natural justice.

Learned counsel for the petitioner has no objection to the

suggestion of the learned counsel for the respondents, (as has been noticed

in the foregoing paragraph).

In view of the above, the instant writ petition is disposed of

with liberty to the respondents to withdraw the order dated 9.6.2008. The

impugned order dated 9.6.2008 be withdrawn within one week from today.

Liberty is also granted to the respondents to pass a fresh order, on the basis

of the same facts which had been taken into consideration while passing the

order dated 9.6.2008, if the respondents are so advised, in accordance with

law.

Order Dasti on payment of usual charges.

( J.S.Khehar)
Judge

(Nawab Singh )
Judge
January 21, 2009
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