IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14001 of 2004(P)
1. P.L. ANTONY, PWD CONTRACTOR,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY
... Respondent
2. THE DISTRICT COLLECTOR, PALAKKAD.
3. THE EXECUTIVE ENGINEER, IRRIGATION
4. THE EXECUTIVE ENGINEER,
For Petitioner :SRI.K.L.VARGHESE
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :28/05/2010
O R D E R
S. Siri Jagan, J.
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W.P(C) No. 14001 of 2004
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Dated this, the 28th day of May, 2010.
J U D G M E N T
The petitioner is aggrieved by Ext. P5, whereby the petitioner
has been proposed to be blacklisted on account of certain defects in
the work done by him. The petitioner inter alia contends that such a
drastic step attracting civil consequences to the petitioner could not
have been taken without affording an opportunity of being heard,
which is the settled law. In view of the said specific contention raised
by the petitioner, I asked the learned Government Pleader as to
whether it is correct that the petitioner was not heard before
blacklisting him. The learned Government Pleader submits that Ext.
P5 is not an order blacklisting the petitioner but only a proposal and
the order of blacklisting has to be passed by the appropriate
authority, which the District Collector is not.
In view of the same, this writ petition is disposed of with a
direction to the appropriate authority to consider the matter of
blacklisting the petitioner and pass orders in respect of the same after
affording an opportunity of being heard to the petitioner as
expeditiously as possible, at any rate, within three months from the
date of receipt of a copy of this judgment.
Sd/- S. Siri Jagan, Judge.
Tds/