• Black-Listing - Petitioner cannot be black-listed for all times. Such a black-listing order is against the settled law. (182) P.L.R.
  • Blacklisting - Competent Authority i.e. the Chief Medical Officer, Directorate General, Health Services, Government of India has not accepted the recommendations but has proceeded to issue the impugned order imposing the penalty of permanent de-registration/de-barment - Blacklisting is a punitive measure and has to be commensurate to the acts of commission and omission and other breaches of the terms and conditions under which contracts are allotted - The principle of proportionality has to apply to the decision making process of the competent authority while blacklisting a tenderer - An administrative decision of blacklisting has to contain the element of proportionality and it would be imperative upon the decision maker to strike a balance between the adverse effects of such an order on the interests of the tenderer and the need to adopt punitive measures upon parties guilty of such default keeping in mind the object and purpose it intends to serve - Order of de-barment/blacklisting cannot be for an indefinite period. (182) P.L.R.

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