Case Note & Summary
The petitioner, a registered contractor with the Chief Engineer, Southern Command, challenged the removal of his name from the list of approved contractors by communication dated 13.11.2004. The petitioner argued that no show cause notice was given before removal, violating principles of natural justice. The respondents contended that the removal was due to the petitioner's failure to execute the agreement and furnish the security deposit within the stipulated time, despite being granted extensions. The court observed that the removal was not punitive but a consequence of the petitioner's own inaction. The court held that principles of natural justice do not require a show cause notice when the action is based on the petitioner's failure to fulfill contractual obligations. The petition was dismissed, and the rule was discharged.
Headnote
A) Administrative Law - Natural Justice - Show Cause Notice - Removal from Approved List - Petitioner's name removed from list of approved contractors for failure to execute agreement and furnish security deposit - Court held that no show cause notice was required as the removal was based on petitioner's own failure to comply with contractual conditions, not on any misconduct or penalty - Principles of natural justice not attracted in such contractual non-compliance (Paras 3-5).
Issue of Consideration
Whether the removal of the petitioner's name from the list of approved contractors without a show cause notice violates principles of natural justice.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Natural justice
- Show cause notice
- Contractual obligations
- Removal from approved list
- Writ jurisdiction
