#blacklisting

The court ruled that a contractual forum-selection clause cannot exclude the High Court's Article 226 writ jurisdiction, and that blacklisting a contractor as a 'Poor Performer' requires a show-cause notice specifying the exact grounds and proposed penalty, not merely an automatic consequence of contract termination. The two-year debarment order was set aside for violating natural justice.

A cooperative society cannot be barred indefinitely without a valid show-cause notice, as such orders breach natural-justice norms and Article 14’s equality guarantee. The Allahabad High Court quashed the 2019 blacklisting, stressing that debarment must be time-bound and procedurally fair, protecting all entities subject to government blacklisting.

The Delhi High Court struck down NHAI’s two-year debarment of SAI Consulting, ruling that blacklisting is an extraordinary sanction that can be imposed only after showing serious misconduct and affording a fair hearing. The decision limits agencies to use debarment proportionately, protecting contractors from punitive bans for mere contractual lapses.

The Bombay High Court set aside a one-year blacklisting of a contractor because the municipal corporation failed to issue a specific show-cause notice, breaching natural-justice norms. The ruling obliges public bodies to afford bidders a hearing before imposing blacklist penalties, safeguarding procedural fairness for all prospective contractors.

Madhya Pradesh High Court stays blacklisting order for failure to conduct a mandatory second sample test as required by tender conditions. The ruling reinforces that procedural fairness in procurement demands strict compliance with tender clauses, protecting contractors from arbitrary penalties.

The Karnataka High Court holds that once a blacklisting order is judicially quashed, it ceases to exist in law and cannot justify exclusion from any public tender. This reinforces that administrative actions rooted in void orders violate natural justice and undermines fair competition in public procurement, protecting bidders from collateral damage of invalid state actions.

The Karnataka High Court has struck down a two-year contractor blacklisting for violating the right to be heard, even when counsel appeared, ruling that mere representation is no substitute for a meaningful opportunity to respond. The court ordered fresh proceedings with a mandatory 15-day reply window and a two-month deadline for a reasoned order, setting a new standard for procedural fairness in public tender disputes.

The Chhattisgarh High Court has ruled that public blacklisting of an employee based solely on a pending FIR becomes unlawful upon criminal acquittal, as it violates the foundational principles of natural justice by denying prior notice and hearing. This sets a critical precedent for public employers: administrative sanctions tied to unproven allegations cannot persist after judicial clearance, safeguarding livelihoods from arbitrary state action.

Supreme Court rules that blacklisting-a stigmatic and exclusionary action-requires a specific show-cause notice indicating intent to blacklist, not merely a termination notice. The Court set aside the blacklisting order against a contractor, holding that procedural fairness under natural justice mandates clear notice of proposed punitive action to affected parties.

Calcutta High Court quashes blacklisting of a fumigation firm under NSPM-12, ruling that administrative action based solely on pending criminal allegations-without a show cause notice-breaches principles of natural justice and statutory procedural fairness. The judgment reinforces that blacklisting requires adherence to mandatory notice requirements, even in civil sanctions.

Patna High Court holds that Registrar of Co-operative Societies lacks statutory authority to blacklist CA firms; only delisting permitted. Natural justice violated.

Meghalaya High Court upholds blacklisting of contractor for corrupt practices revealed in its own ledger entries, affirming state's duty to protect public funds and enforce contractual integrity.