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TMI Blog2019 (11) TMI 1796X X X X Extracts X X X X X X X X Extracts X X X X ..... ons natural justice and legal justice do not present a watertight classification. It is the substance of justice which is to be secured by both, and whenever legal justice fails to achieve this solemn purpose, natural justice is called in aid of legal justice. This aspect of the matter has also been considered by the Supreme Court in the case of KRANTI ASSOCIATES PVT. LTD. VERSUS MASOOD AHMED KHAN [ 2010 (9) TMI 886 - SUPREME COURT ] wherein it is laid down that judicial trend has always been to record reasons, even in administrative decisions, if such decisions affect anyone prejudicially. It is further held that insistence on recording of reasons is meant to serve the wider principle of justice that justice must not only be done, it must also appear to be done as well. Apparently, in the present case, no show cause notice was issued to the petitioner with regard to blacklisting in respect of which the impugned order has been passed. Further, it does not satisfy the test of being a reasoned speaking order. The present petition is allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... ent. The petitioner Company vide letters dated 25.5.2018 (Annexure P-5), 31.5.2018 (Annexure P-6) and 14.6.2018 (Annexure P-7) submitted the detailed project reports for all the sub-packages. The petitioner has asserted that the respondent No.3 vide its letter dated 12.12.2018 (Annexure P-8) acknowledged successful completion of the work by the petitioner Company. 04. On the basis of the said detailed project reports, tenders were invited by the respondent department for award of the work of construction of the roads in question. Prior to allotment of work of construction of the roads in question, the respondent department had appointed a Company M/s L. N. Malviya Infra Projects Pvt. Ltd. which was to act as the Authority's Engineer on behalf of the respondent department. Pursuant to the allotment of the work, the contractor who was awarded the work of construction of subpackage 1 Ujjain, sub-package 6 Khargone and sub-package 7 Barwani got an estimate prepared for the pole shifting work, which was to be carried out by the said contractor from the Madhya Pradesh Poorva Kshetra Vidyut Vitaran Company Ltd. (hereinafter referred to in short as "the MPPKVVCL") and submitted the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndentsState argued in support of the impugned order of blacklisting and contended that the reply filed by the petitioner to the show cause notices was not found to be satisfactory and decision has been taken in public interest, therefore, no interference is called for. 07. The blacklisting of a commercial Firm has serious civil consequences and at the same time it affects the reputation of the Firm. In such a situation, the State is expected to proceed with care and responsibility before blacklisting any Firm, as it is a drastic step to be taken against a person. Still further, it is the basic principle of natural justice that the parties who are adversely affected by an order, should have a right of being heard against the same. 08. The Apex Court in the case of Canara Bank v. V.K. Awasthy, (2005) 6 SCC 321, has held that the natural justice is another name of common sense justice. The Rules of natural justice are not codified canons. But they are principles ingrained into the conscience of man. The expressions 'natural justice' and 'legal justice' do not present a watertight classification. It is the substance of justice which is to be secured by both, and whene ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The concept has gained significance and shades with time. When the historic document was made at Runnymede in 1215, the first statutory recognition of this principle found its way into the "Magna Carta''. The classic exposition of Sir Edward Coke of natural justice requires to "vocate interrogate and adjudicate''. In the celebrated case of Cooper v. Wandsworth Board of Works, (1863) 143 ER 414 the principle was thus stated: "[E]ven God himself did not pass sentence upon Adam, before he was called upon to make his defence, 'Adam' (says God), 'where art thou? Hast thou not eaten of the tree whereof I commanded thee that thou shouldest not eat?'" Since then the principle has been chiselled, honed and refined, enriching its content. Judicial treatment has added light and luminosity to the concept, like polishing of a diamond. 11. Principles of natural justice are those rules which have been laid down by the courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial, quasi-judicial and administrative authority while making an order affecting those rights ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al trend in all countries committed to rule of law and constitutional governance is in favour of reasoned decisions based on relevant facts. This is virtually the lifeblood of judicial decision-making justifying the principle that reason is the soul of justice. (i) Judicial or even quasi-judicial opinions these days can be as different as the judges and authorities who deliver them. All these decisions serve one common purpose which is to demonstrate by reason that the relevant factors have been objectively considered. This is important for sustaining the litigants' faith in the justice delivery system. (j) Insistence on reason is a requirement for both judicial accountability and transparency. (k) If a Judge or a quasi-judicial authority is not candid enough about his/her decision-making process then it is impossible to know whether the person deciding is faithful to the doctrine of precedent or to principles of incrementalism. (l) Reasons in support of decisions must be cogent, clear and succinct. A pretence of reasons or 'rubber-stamp reasons' is not to be equated with a valid decision-making process. (m) It cannot be doubted that transparency is the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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