Vinod Kumar Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4973 of 2012 ====================================================== VINOD KUMAR RAI Son Of Sri Vasudeo Rai Resident Of Mohalla Bari Bagh Lanka, P.S. Gazipur, District Gazipur Uttar Pradesh ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Secretary, Road Construction Department, Government Of Bihar, Patna 3.

The Engineer In Chief Road Construction Department, Government Of Bihar, Patna 4.

The Executive Engineer, Sahabad Road Division, Road Construction Department, Division Ara Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Ranjan, Advocate Mr. Chandan, Advocate For the Respondent/s :

Mr. P.K. Shahi, Advocate General ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 21-02-2024 The petitioner is concerned with the impugned order, which debars him permanently, from participating in any tender process. The petitioner was debarred pursuant to an order cancelling his contract. He challenged the cancellation unsuccessfully, as is indicated in Annexure-1. Subsequently, he has challenged the debarment.

2. We have heard learned learned counsel for the petitioner and Mr. P.K. Shahi, learned Advocate General

Patna High Court CWJC No.4973 of 2012 dt.21-02-2024 2/2 appearing on behalf of the State.

3. We see, that the debarment has been put in effect for the last more than 10 years. There is no provision to debar a contractor indefinitely. In such circumstance, we feel that there is sufficient punishment imposed on the petitioner by debarment effected.

4. We set aside the impugned order, but however, make it clear that it does not inure to the benefit of the petitioner, to seek any consideration in the years from 2012 to the date of this judgment.

5. The writ petition stands disposed of.

(K. Vinod Chandran, CJ) (Harish Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.02.2024 Transmission Date NA