Sujay Bhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7070 of 2022 ====================================================== Sujay Bhan Singh Son of Late Shyam Prakash Singh Resident of MohallaBundelkhand, Gondapur, P.S.- Nawada, District- Nawada- 805110. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Building Construction Department, Vishweshwariaya Bhawan, Bailey Road, Patna- 15. 2.

The Principal Secretary, Building Construction Department, Vishweshwariaya Bhawan, Bailey Road, Patna- 15. 3.

The Engineer-In- Chief- Additional Commissioner-Cum- Special Secretary, Building Construction Department, Vishweshwariaya Bhawan, Bailey Road, Patna- 15.

4.

The Chief Engineer (South), Building Construction Department, Vishweshwariaya Bhawan, Bailey Road, Patna- 15. 5.

The Superintending Engineer, Building Construction Department, Building Circle, Gaya.

6.

The Executive Engineer, Building Construction Department, Building Division, District- Nawada- 805110.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Narain,, Sr. Advocate Mr.Manish Sahay, Advocate For the Respondent/s :

Mr.Syed Iqbal Ahmad (SC20) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 21-06-2022 Petitioner has prayed for the following relief(s) :-

2/4

3/4 We notice that the original order passed by the authority dated 22.10.2021 (Annexure-P-15, Page 103) does not assign any reason for debarring/delisting the petitioner for a period of three years. It only conveyed the intent of the authority for doing so. We also notice that even the appellate authority, while dismissing the appeal, vide impugned order 31.01.2022 (Annexure-P-17, Page 110), has neither referred to nor adverted to anyone of the contentions raised by the petitioner in the appeal. Also, the materials placed on record remain unconsidered. In CWJC No. 2625 of 2021, titled as M/s Satyendra Kumar and Co. Const. Pvt. Ltd., Vs. the State of Bihar & Ors., we have dealt with the similar issue directing the

4/4 authorities to not only assign reasons but afford opportunities of hearing enabling the party to respond to the notice. Also, the obligation upon the authority to assign reasons, which, in fact, in the instant case, we find, not to have been done so. We notice that passing of the order entails civil and penal consequences. As such, on this short ground alone, we quash the order dated 22.10.2021 (Annexure-P-15, Page 103) and order dated 31.01.2022 (Annexure-P-17, Page 110), reserving liberty to the respondents to issue a fresh notice, if so required and desired, initiating appropriate proceedings in accordance with law. The entire exercise be completed within a period of three months from today.

Petitioner undertakes to fully co-operate and not take any unnecessary adjournment.

Petition stands disposed of in the aforesaid terms. Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR NAFR CAV DATE NA Uploading Date 23.06.2022 Transmission Date NA