9911796707
TMI Blog2021 (3) TMI 1421X X X X Extracts X X X X X X X X Extracts X X X X ..... . He mentioned about various clauses of NIT and prayed that no coercive action be taken against him - the aforesaid finding that reply is not satisfactory is a conclusion drawn by the Managing Director for which no reasons are assigned. Reasons are held to be heart beat of conclusion. On the basis of Judgment in Kranti Associates [ 2010 (9) TMI 886 - SUPREME COURT ], in contractual matter, the Division Bench of this Court in M/S. AICONS ENGINEERING PVT. LTD. VERSUS STATE OF M.P. OTHERS [ 2019 (11) TMI 1796 - MADHYA PRADESH HIGH COURT] set aside the order which was not a speaking order and no reasons were assigned. The order dated 22.01.2021 cannot be upheld because it does not contain any reason whatsoever for the conclusion that r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent. He placed reliance on written statement and urged that there are various ground on the strength of which the impugned order is liable to be upheld. 4. We have heard learned counsel for the parties and have perused the record. 5. In the catena of judgments, the Hon'ble Supreme Court opined that debarring or blacklisting a contractor has drastic consequences on him. The said penal action cannot be passed without following the due process and without assigning adequate reasons. 6. The reply to the show cause notice submitted by the petitioner clearly shows that the petitioner has assigned detailed reasons in support of his defense. He mentioned about various clauses of NIT and prayed that no coercive action be t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of a decision making process as observing principles of natural justice by judicial, quasi judicial and even by administrative bodies. (g) Reasons facilitate the process of judicial review by superior Courts. (h) The ongoing judicial 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 life blood 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (o) In all common law jurisdictions judgments play a vital role in setting up precedents for the future. Therefore, for development of law, requirement of giving reasons for the decision is of the essence and is virtually a part of Due Process. '' (Emphasis Supplied) 9. On the basis of Judgment in Kranti Associates (supra), in contractual matter, the Division Bench of this Court in WP No.22807/2019 (M/s Aicons Engineering Pvt. Ltd Vs .State of MP and others) decided on 05.11.2019 set aside the order which was not a speaking order and no reasons were assigned. 10. For the same reason, we are unable to uphold the order dated 22.01.2021 because it does not contain any reason whatsoever for the conclusion that ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
