Court Holds Blacklisting Without Opportunity of Hearing Violates Natural Justice; Only Chief Minister or Information Minister Can Remove Steering Committee Members
In a significant judgment dated October 27, 2026, the Uttarakhand High Court, presided over by Justice Pankaj Purohit, has granted interim relief to the petitioner, Deendayal Mittal alias D D Mittal, owner and editor of the daily newspaper `Shrimat Express'. The Court stayed the operation and effect of two government orders - one blacklisting the petitioner's newspaper from receiving any government advertisements for three years and the other removing him from a Steering Committee constituted under the Uttarakhand Print Media Advertisement Rules, 2015.
The petitioner challenged the blacklisting order dated May 30, 2026, issued by the Director General of Information and Public Relations, Uttarakhand, on the grounds that it was passed without providing any opportunity of hearing or issuing a show-cause notice. The Court recognized blacklisting as a serious administrative action with civil consequences and held that such an order cannot be sustained if the affected party is denied a chance to present their case. This principle aligns with the doctrine of natural justice, which mandates fair hearing before depriving a party of any right or benefit.
Further, the petitioner was aggrieved by the removal order dated July 8, 2026, which curtailed his two-year term as a member of the Steering Committee. The petitioner contended that under Rule 5 of the Uttarakhand Print Media Advertisement Rules, 2015, only the Hon'ble Information Minister or the Hon'ble Chief Minister has the authority to remove members from the Steering Committee. The Court agreed with this interpretation, holding that the removal by the Director General of Information and Public Relations was not valid, as it exceeded the delegated powers under the statutory rules.
The Court issued notice to the respondents and directed them to file counter affidavits within six weeks. It also ordered the respondents to take necessary steps within three days and listed the matter for further hearing on December 22, 2026. Meanwhile, the Court stayed both the blacklisting and removal orders, thus protecting the petitioner's rights pending the final adjudication.
This judgment underscores the importance of adherence to principles of natural justice in administrative actions and clarifies the scope of authority under the Uttarakhand Print Media Advertisement Rules, 2015. It reaffirms that serious punitive actions such as blacklisting must be preceded by a fair hearing and that statutory powers regarding membership of government committees must be exercised strictly as provided by law.
Bottom Line:
Blacklisting of a newspaper for government advertisements and removal from a Steering Committee without providing an opportunity of hearing violates principles of natural justice.
Statutory provision(s):
Uttarakhand Print Media Advertisement Rules, 2015, Rule 5; Principles of Natural Justice
