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Supreme Court of India 2022-02-24 partly_allowed

State of Odisha & Ors vs M/s Panda Infraproject Limited

Bench: 2 — M. R. Shah, B.V. Nagarathna

In Brief

The State of Odisha appealed against a High Court order quashing the blacklisting of a contractor after a ten-meter concrete slab collapsed during flyover construction, killing one person and injuring eleven others. The contractor had failed to submit formwork design and lacked adequate safety measures. The Supreme Court held that the blacklisting order did not violate natural justice principles: a show cause notice was issued, the contractor replied, and the decision followed proper procedure. However, permanent blacklisting was disproportionate. The Court upheld blacklisting for five years, finding the incident's severity—despite it being the contractor's first offence—warranted significant punishment short of permanent debarment.

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Administrative Law Natural Justice Government Contracts Blacklisting Debarment Procedural Due Process Constitutional Law

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