Chitranjan Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3370 of 2024 ====================================================== Chitranjan Kumar Sharma, Son of Umesh Singh, Resident of Village- Ramey Rahuara, Police Station- Kahuara, District- Nawada. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Department of Education, Government of Bihar, Patna 2.
Bihar State Educational Infrastructure Development Corporation Ltd. (A Government of Bihar Undertaking), Shiksha Bhawan, Bihar Rastra Bhasha Parishad Campus, Acharaya Shivpujan Sahay Path, Saidpur, Patna- 800004 through its Managing Director.
3.
The Managing Director, Bihar State Educational Infrastructure Development Corporation Ltd., Shiksha Bhawan, Bihar Rastra Bhasha Parishad, Acharaya Shivpujan Sahay Path, Saidpur, Patna- 800004 4.
The Chief Engineer, Bihar State Educational Infrastructure Development Corporation Ltd., Shiksha Bhawan, Bihar Rastra Bhasha Parishad, Acharaya Shivpujan Sahay Path, Saidpur, Patna- 800004 ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar, Advocate Mr. Sanjeev Kumar, Advocate Mr. Jay Prakash Singh, Advocate For the State :
Mrs. Binita Singh, SC-28 For the BSEIDC :
Mr. Girijish Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT
Patna High Court CWJC No.3370 of 2024 dt.01-05-2024 2/3 (Per: HONOURABLE THE CHIEF JUSTICE) Date : 01-05-2024 The petitioner is aggrieved with the blacklisting order issued at Annexure-P-2, which is for a period of ten years.
2. Learned Counsel for the petitioner submits that a show-cause notice was issued and the petitioner did not submit a reply. The allegation in the show-cause notice was also that the Experience Certificate produced by the petitioner along with the tender documents was fraudulent. The award of the work was cancelled and the petitioner was blacklisted as per Annexure-P2.
3. Learned Counsel for the petitioner submits that on verification of the Experience Certificate it was found that it was a forged document. The petitioner also did not file any reply to the show-cause notice.
4. The show-cause notice is produced as Annexure-P1 where specific allegation is made of the petitioner having produced a forged document as Experience Certificate. The petitioner admittedly did not file any reply to the same, which can be deemed to be an admission of the defalcation pointed out.
5. We cannot hence interfere with the order passed by
Patna High Court CWJC No.3370 of 2024 dt.01-05-2024 3/3 the Tendering Authority, under Article 226 of the Constitution of India. We are informed that there is a provision for appeal against the Annexure-P-2 order.
6. Leaving the petitioner to such remedy, the writ petition would stand dismissed.
(K. Vinod Chandran, CJ) (Harish Kumar, J) P.K.P./- AFR/NAFR CAV DATE Uploading Date 01.05.2024 Transmission Date