Munna Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1086 of 2016 ====================================================== Munna Singh Son of Late Rameshwar Prasad Singh, Resident of MohallaKadamkuan, Jagat Narayan Road, P.S. Kadamkuan, District Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Building Construction Department, Government of Bihar, Patna.

2.

The Chief Enginer, Building Construction Department, Patna 3.

The Superintending Engineer, Building Construction Department, Patna Circle, Patna 4.

The Executive Engineer, Patna West Building Division, Danapur, Patna 5.

The Executive Engineer, Patna West Road Division, Road Construction Department, Patna 6.

The Assistant Engineer, Building Sub-Division, Building Construction Department, Danapur, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uma Shankar Sharma, Advocate For the Respondent/s :

Mr. Rajesh Kumar, GP-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 02-05-2023 None appears for the respective parties.

2. Perused the record.

3. In the instant petition, petitioner has prayed for the following relief(s):- "1. That this is an application for issuance of appropriate writ/ writs, order orders, direction / directions for quashing the letter no. 2638 dated 25.08.2015 issued under the signature of respondent Executive Engineer whereby and whereunder petitioner has been debarred from participating in any future bidding process without even giving any notice/show cause.

Patna High Court CWJC No.1086 of 2016(4) dt.02-05-2023 2/3 Petitioner further seeks any other relief/reliefs for which he has found entitled in the eye of law and in the facts and circumstances of the present case."

4. The petitioner has been debarred from participating in any future bidding process. Such a decision is without issuing notice as is evident from Annexure-1. Annexure-1 reads as under:-

5. The aforesaid communication is only referring to show-cause notice dated 21.07.2015, however, there is no

Patna High Court CWJC No.1086 of 2016(4) dt.02-05-2023 3/3 discussion for which period he is not entitled to participate in future bidding process. In other words, indefinitely he has been debarred from participating in any future bidding process. The impugned communication is without application of mind.

6. Apex court in the case of M/S Chauhan Builders Raibareli Vs. The State of Uttar Pradesh and Ors., reported in 2022 Livelaw (SC) 694 has held that debarring or blacklisting indefinitely a contractor would be too harsh. Further, notice must be specific to the extent that for which period debarment or blacklisting has been proposed. In the absence of these materials, the petitioner has made out a case. Accordingly, Letter No. 2638 dated 25.08.2015 (Annexure-1) stands set aside.

8. The writ petition stands allowed.

(P. B. Bajanthri, J) ( Arun Kumar Jha, J) himanshu/- U