Mandatory Show Cause Notice Requirement Prior to Blacklisting in Public Tenders
🔒 For Members Only
Case: YOSHRAJ GLOBAL INFRACON LLP THRU PARTNER v. THE SUPERINTENDING ENGINEER AND ORS
Court: Bombay High Court
Date: 03-08-2026
Law: Constitution of India, Principles of Natural Justice, Administrative Law.
Highlights of the Judgment:
- Examination of administrative law principles regarding the imposition of blacklisting penalties in public tenders.
- Application of the mandatory requirement to issue a specific show cause notice proposing blacklisting under natural justice.
- Distinction between vague notices warning of general tender breaches and explicit notices contemplating debarment.
- Analysis of the Supreme Court precedent in Gorkha Security Services concerning procedural fairness in public contracts.
- Evaluation of the limits of contractual clauses providing multiple punitive options without explicit debarment notice.
- Distinguishing applicability of prior case law where proper show cause procedures were duly followed by authorities.