The State Of Bihar Through The Principal Secretary, v. Rajesh Kumar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.74 of 2021 In Civil Writ Jurisdiction Case No.13112 of 2018 ====================================================== 1.

The State of Bihar through the Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna. 2.

The Engineer-in-Chief, Public Health Engineering Department, Government of Bihar, Secretariat, Bihar, Patna.

3.

That Chief Engineer (Design), Public Health Engineering Department, Government of Bihar, Patna.

4.

The Regional Chief Engineer, Public Health Engineering Department, Government of Bihar, Patna.

5.

The Superintendent Engineer, Public Health Engineering Circle, Motihari. 6.

The Executive Engineer, Public Health Engineering Division, Bettiah. ... ... Appellant/s

Versus

Rajesh Kumar, Son of Sri Narendra Kumar Pandey, Resident of Gupta Market, Near Alpana Market, Patliputra Colony, P.S.-Patliputra, DistrictPatna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Vishwambhar Prasad, Advocate Mr. S. Raza Ahmad, AAG-5 Mr. Alok Ranjan,AC to AAG-5 For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 09-09-2021 The appellant has prayed for the following relief/s :-

2/4

3/4 We do not find any reason sufficient enough to interfere with the impugned order dated 07.11.2019 passed by the learned Single Judge in CWJC No. 13112 of 2018, titled as Rajesh Kumar

4/4 Vs. The State of Bihar & Ors.

The action of the authority was found to be illegal inasmuch as no opportunity of hearing was afforded to the private party before passing the order, entailing civil consequences, whereby the party was debarred from participation in future tender. The party may have been defaulted in executing the work but then Department did not initiate action in terms of the agreement and straightway, without notice, passed a stereo type order with respect to 59 contractors, including the private respondent herein, debarring them from participating in work to be allotted by the State. The cost of Rs.15,000/- imposed upon the State cannot be said to be disproportionate or on the higher side. As such, the appeal stands dismissed.

Interlocutory application, if any, shall also stand dismissed. (Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit/ AFR/NAFR CAV DATE Uploading Date 15.09.2021 Transmission Date