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2022 DIGILAW 745 (PAT)

Sai Nirman v. State of Bihar

2022-08-26

SANJAY KAROL, SATYAVRAT VERMA

body2022
Sanjay Karol, CJ. – Petitioner has prayed for the following relief(s): “(i) To issue a writ/ order/ direction in the nature of certiorari for quashing the letter no. 2037 dated 13.07.2021 issued under the signature of the Engineer in Chief, Rural Works Department, Government of Bihar, by which the petitioner has been debarred alongwith others at serial nos. 9, 10, 16, 17, 18 & 19 in relation to the Agreement No. 15/MBD NMP/2020-21 dated 14.08.2020 for not completing the work within the time prescribed in the agreement. (Annexure-1 Pg. 9). (ii) To hold and declare that the impugned order of debarment dated 13.07.2021 passed without any show cause notice is violative of Article 14& 19(1)(g) of the Constitution of India and as such not sustainable in the eyes of law and accordingly direct the respondents to immediately remove the name of the petitioner from the list of debar. (iii) To pass interim/ex-parte interim order staying the operation of letter no. 2037 dated 13.07.2021 issued under the signature of the Engineer in Chief, Rural Works Department, Government of Bihar and/or permit the petitioner to participate in other tenders including the subsequent tender issued by the Rural Works Department, Bihar. (iv) To any other relief or reliefs for which the petitioner is found to be entitled in the facts and circumstances of the case.” 2. We do not find the impugned order dated 13.07.2021, as contained in Letter No. 2037, passed by respondent No. 3, namely the Engineer-in-Chief, Rural Works Department, Government of Bihar, Patna to have been passed in compliance with the principles of natural justice. Passing of the order entails civil consequences, inasmuch as the petitioner stands blacklisted/debarred from taking part in future tenders from the date of passing of the order. Also, we find the order to have been passed not in compliance with the directions issued by this Court vide order dated 20.02.2018 passed in CWJC No. 16989 of 2017, titled as Raman Kumar Singh vs. Bihar State Food and Civil Supplies Corporation Ltd., Bihar Patna & Ors., wherein also the earlier order passed by the respondent blacklisting/debarring the petitioner for an indefinite period stood quashed. 3. Vide current impugned order, the respondents have not assigned any reason, much less plausible, for having blacklisted/debarred the petitioner from taking part in future tenders. The principle of proportionality has not been considered. 3. Vide current impugned order, the respondents have not assigned any reason, much less plausible, for having blacklisted/debarred the petitioner from taking part in future tenders. The principle of proportionality has not been considered. The effect of debarment entails both civil and penal consequences. 4. As such, on this short ground alone, the impugned order dated dated 13.07.2021, as contained in Letter No. 2037, passed by respondent No. 3, namely the Engineer-in-Chief, Rural Works Department, Government of Bihar, Patna is quashed and set aside. 5. At this stage, Shri Ashish Giri, learned counsel states that petitioner has already suffered a lot, inasmuch as he could not participate in any of the tenders invited by any one of the statutory authorities/instrumentality of the State. 6. The instant petition stands disposed of in the aforesaid terms. 7. Interlocutory Application(s), if any, shall stand disposed of.