Dharmendra Kumar Choudhary v. The Bihar State Educational Infrastructure Development Corporation Ltd.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10602 of 2023 ====================================================== Dharmendra Kumar Choudhary, Son of Late Gita Prasad Choudhary Resident of Tulshi Nagar Bank Colony, P.S. Tilka Manjhi, Distirct-Bhagalpur, Bihar. ... ... Petitioner/s
Versus
1.
The Bihar State Educational Infrastructure Development Corporation Ltd. (A Government of Bihar Undertaking), Shiksha Bhawan, Bihar Rastra Bhasha Parishad Campus, Acharya Shivpujan Sahay Path, Saidpur, Patna 800004 through its Managing Director.
2.
The managing Director, Bihar State Education Infrastructure Development Corporation Ltd., Shiksha Bhawan, Bihar Rastra Bhasha Parishad Campus, Acharya Shivpujan Sahay Path, Saidpur, Patna 800004. 3.
The Chief Engineer, Bihar State Education Infrastructure Development Corporation Ltd., Shiksha Bhawan, Bihar Rastra Bhasha Parishad Campus, Acharya Shivpujan Sahay Path, Saidpur, Patna 800004. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Ranjan, Advocate Mr. Chandan Kumar, Advocate Mr. Ansh Prasad, Advocate For the Respondent/s :
Mr. Girijish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 29-08-2023 In the instant petition, petitioner has prayed for the following reliefs:- "(i) Quashing of the Notice to Show Cause dated 25.01.2023 as contained in Letter No. 741 issued by the Chief Engineer, BSIEDC (Respondent No. 3) by which, the petitioner has been asked to Show Cause as to why for the allegations of submitting wrong experience Certificate, an order of blacklisting for a period of 10 years be not passed in terms of the Resolution vide Agenda No.
Patna High Court CWJC No.10602 of 2023 dt.29-08-2023 2/3 12/41 in the 41st Meeting of Board of Directors, read with Contractors Registration Rules, 2012; (ii) Quashing of the consequential Office order No. 120 dated 11.05.2023 issued by the Chief Engineer under instructions of the Managing Director, BSEIDC by which, on the basis of an uncommunicated exparte report from the concerned Executive Engineer, Bhagalpur Division, BSEIDC, Bhagalpur, the petitioner has been blacklisted for a period of 10 years in terms of the Contractors Registration Rules, 2012 read with Resolution vide Agenda No. 12/41 in the 41st Meeting of Board of Directors, read with Contractors Registration Rules, 2012;
(iii) A declaration to the effect that the aforesaid order of blacklisting dated 11.05.2023 contained in Officer Order No. 120 shall not be an impediment and the consideration of the Tender which have already been submitted by the petitioner; and (iv) Staying the operation of Office Order No. 120 dated 11.05.2023 issued by the Chief Engineer as contained in Annexure 6 during the pendency of the present writ application."
2. In support of the aforesaid reliefs, the petitioner is relying on earlier decision of this Court dated 21.08.2023 passed in CWJC No. 11728 of 2023.
3. The same is not disputed by learned counsel for the respondents.
Patna High Court CWJC No.10602 of 2023 dt.29-08-2023 3/3
4. Accordingly, the impugned order dated 11.05.2023 (Annexure-6) stands set aside. In the result, the present writ petition stands disposed off in terms of the order dated 21.08.2023 passed in CWJC No. 11728 of 2023.
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