FOOD CORPORATION OF INDIA Vs. CHHATTISGARH GADIWAN HAMAL REZA

JUDGEMENT

(1.) This writ appeal is directed against impugned order dtd. 29/4/2019 passed by the learned Single Judge by which the writ petition filed by the respondent No.1 herein has been allowed and the order of blacklisting dtd. 26/10/2018 has been quashed.

(2.) The writ petitioner / respondent No.1 herein filed writ petition seeking quashment of order dtd. 26/10/2018 blacklisting him for the period of 5 years from the date of order, alleging that the copy of CBI report on which the order of blacklisting has been based was not supplied to him despite having been demanded by application dtd. 26/7/2018. Furthermore, show cause notice was issued to the writ petitioner with predetermination and opinion has already been formed to blacklist him and, therefore, it was a mere formality to issue show cause, as such, order of blacklisting was liable to be set aside. The said petition was opposed by the writ appellant herein that the order of blacklisting has been passed strictly in accordance with law.

(3.) Learned Single Judge, allowed the writ petition by setting aside the order dtd. 26/10/2018 by which the writ petitioner was blacklisted holding that the CBI report, which was the basis of the blacklisting of the writ petitioner was never served to the writ petitioner and the Food Corporation of India (for short "FCI") was predetermined to blacklist the writ petitioner-union on the date of serving show cause notice to him. The aforesaid order of blacklisting has been called in question.