Singh Xpress Services (Opc) Private Limited, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1335 of 2025 ====================================================== Singh Xpress Services (OPC) Private Limited, Ashiana Digha Road, Rajiv Nagar, Patna-800 024, through its Director Arati Devi, Aged about 39 years, Female, Wife of Santosh Kumar Singh. Resident of House No. 240, Sharda Sadan, New Patliputra Colony, Patliputra, Patna, Bihar 800013. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary. Disaster Management, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Department of Health, Government of Bihar, Patna.

3.

The District Magistrate Cum Chairman, Health Society, Bihar, Patna. 4.

The Civil Surgeon-Cum- Member Secretary, Health Society, Bihar, Patna. 5.

The District Accounts Manager, Office of the Civil Surgeon, Gardanibagh, Patna.

6.

The District Project Manager, District Health Society, Gardanibagh, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harsh Kaushal, Advocate.

For the Respondent/s :

Mr. Prashant Pratap, GP-2.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 09-05-2025 Re. I.A. No. 01 of 2025 For the reasons mentioned in the Interlocutory Application No. 01 of 2025, the same is allowed.

2. Registry is directed to make necessary amendment in the present writ petition accordingly.

Civil Writ Jurisdiction Case No.1335 of 2025 Heard learned counsel for the parties.

2. The present Writ Petition has been filed for the following reliefs:-

Patna High Court CWJC No.1335 of 2025(4) dt.09-05-2025 2/3 "(i) For direction to make balance payment of Rs. 11,26,425 out of total sanction amount of Rs. 59,69,533/-against the work order given by the Respondent authorities especially by Respondent No. 4, 5 and 6 along with consequential interest from the date of accrual till the date of realization. (ii) To hold and declare that the case of the petitioner is squarely covered by the order dated 12.01.2022 passed by the Hon'ble Division Bench of High Court in MJC No. 12773 of 2021 and order dated 29.11.2023 passed by the Hon'ble Division Bench of High Court in MJC No. 794 of 2022.

(iii) To quash and set aside the impugned order dated 25.02.2025, issued by the District Public Grievance Redressal Officer, District Patna, which is arbitrary, unlawful and procedurally defective. The order failed to address the illegality of deductions totaling Rs. 11,25,424/- from the sanctioned amount of Rs. 59,69,533/- despite the petitioner fulfilling services under valid work orders during the COVID-19 pandemic.

These deductions lacked valid justification or supporting documentation, causing undue financial harm to the petitioner. Moreover, the impugned order violated principles of natural justice by denying the petitioner an opportunity to present their case or challenge the deductions, while disregarding critical evidence, such as work orders and invoices, that unequivocally substantiate the petitioner's entitlement to the claimed amount."

3. A perusal of the impugned order dated 25.02.2025 passed by District Public Grievance Redressal Officer, District Patna under the Bihar Right to Public Grievance Redressal Act,

Patna High Court CWJC No.1335 of 2025(4) dt.09-05-2025 3/3 2015 reveals that the authority without going into the merits of the case has only reiterated the facts and has closed the complaint made by the petitioner. The complaint of the petitioner is that an amount of Rs. 11,26,425/- has been illegally deducted from the bills of the petitioner without putting him on prior notice or seeking his explanation. The authority without going into the correctness or otherwise of the said deduction has simply stated that a four men committee has been constituted and the balance amount paid to the petitioner. The order is bereft of any reasons and has to be necessarily set aside and the same is set aside. The matter is remanded back to the said authority for passing a reasoned order duly putting the petitioner on notice and giving an opportunity of hearing. The entire exercise shall be completed as expeditiously as possible preferably within a period of 12 weeks from the date of receipt of the copy of this order. Any order passed shall be communicated to the party.

4. With the above directions, the present Writ Petition stands disposed of.

(A. Abhishek Reddy, J) shakir/- U