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2019 DIGILAW 627 (JHR)

Syed Mumtaz Ahmad v. State of Jharkhand

2019-03-05

RONGON MUKHOPADHYAY

body2019
ORDER : Heard Mr. Saurabh Shekhar, learned counsel for the petitioner and Mr. Apurv, learned A.C. to G.A. for the respondents. 2. This application is directed against the order as contained in memo No. 13 (CDO) dated 12.11.2015 issued by the respondent 5, whereby and where under, the period of blacklisting of the petitioner had been reduced to 10 years. 3. It has been stated by learned counsel for the petitioner that prior to passing of the impugned order dated 12.11.2015, the petitioner was not given an opportunity of hearing. It has been stated that in spite of specific direction by this Court in W.P.(C) No. 5129 of 2013, no reasons have been assigned in the impugned order and merely the allegations have been noted. It has further been stated that the impugned order is silent with respect to the fact as to why lesser punishment of blacklisting has not been given by the concerned authority. 4. Mr. Apurv, learned A.C. to G.A. for the respondents has opposed the prayer of the petitioner and has referred to the counter affidavit, while stating that initially the petitioner was asked to submit his explanation and pursuant to the same and on finding it to be unsatisfactory had passed an order of permanently blacklisting him. He further submits that pursuant to the order dated 30.09.2015 passed in W.P.(C) No. 5129 of 2013, a considerate view has been taken by the respondent No. 5 and the period of blacklisting has been reduced to 10 years which in the facts and circumstances of the case is reasonable and not to be tinkered with. 5. The petitioner who is a contractor was declared successful in the notice inviting tender and the concerned works were allotted to the petitioner. However, the respondent No. 5 had passed an order on 05.08.2013 in which the petitioner was blacklisted for permanent period and was debarred from participating in tender. The same was the subject matter of W.P.(C) No. 5129 of 2013 and this court vide order dated 30.09.2015 based on the case of Kulja Industries Limited v. Chief General Manager, Western Telecom Project, Bharat Sanchar Nigam Limited and others reported in (2014) 14 SCC 731 had directed the respondent No. 5 to consider the matter again to the extent that the order of blacklisting will remain effective for how much period. It was further directed to give reasons and pass order within a period of two months. Consequent to the order passed in W.P.(C) No. 5129 of 2013, the impugned order dated 12.112015 has been passed in which the period of blacklisting has been reduced to a period of 10 years. 6. It appears to be an admitted fact that prior to passing of the subsequent order dated 12.112015, the petitioner was never directed to file a show cause with respect to the period of blacklisting. Apart from the said fact it appears that only the allegations have been noted in the impugned order dated 12.11.2015 in spite of the specific direction by this Court in W.P.(C) No. 5129 of 2013 that appropriate reasons have to be given by the respondent No. 5 while passing a fresh order. The respondent No. 5 should have also prior to passing of the impugned order dated 12.11.2015 granted an opportunity of hearing to the petitioner as it was indicated in the order dated 30.09.2015 passed in W.P.(C) No. 5129 of 2013 that the matter was once again to be considered to the extent the period of blacklisting shall remain effective. 7. In view of the fact that neither the petitioner has been heard prior to passing of the impugned order dated 12.11.2015, nor appropriate reasons for reducing the period of blacklisting has been mentioned, the impugned order dated 12.11.2015 passed by respondent No. 5, is hereby quashed and set aside and the matter is remanded back to the respondent No. 5 to pass a fresh order taking into consideration the observation made in the preceding paragraphs. 8. This writ petition stands disposed of with the aforementioned observations and directions.