Arvind Kumar v. The State Of Bihar Through The Principal Secretary,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18320 of 2021 ====================================================== Arvind Kumar Son of Sri Prithvi Nath Sharma Resident of Circuit House Road, Pakri Arrah, P.O. - P.S. - Nawada, District- Bhojpur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Rural Works Department, Government of Bihar, Patna.
2.
The Principal Secretary, Rural Works Department, Government of Bihar, Patna.
3.
The Engineer in Chief, Rural Works Department, Government of Bihar, Patna.
4.
The Chief Engineer - II, Rural Works Department, Government of Bihar, Patna.
5.
The Executive Engineer, rural Works Department, work Division, Araria. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashish Giri, Advocate Mr. Sumit Kumar Jha, Advocate For the Respondent/s :
Mr. Kameshwar Pd. Gupta, GP-17 Mr. Kameshwar Prasad Gupta, GP-10 Mr. Deepanjali Gupta, AC to GP-10 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ======================================================= (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) ======================================================= Date : 18-11-2022 Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
2/4 We do not find the impugned order dated 09.08.2021, issued under the signature of the Engineer-in-Chief,
3/4 Rural Works Department, Government of Bihar, Patna (Annexure-4, Page-23) to have been passed in compliance with the principles of natural justice. Passing of the order entails civil consequences, inasmuch as the petitioner stands blacklisted/debarred from taking part in future tenders from the date of passing of the order. Also, we find the order to have been passed not in compliance with the directions issued by this Court vide order dated 20.02.2018 passed in CWJC No. 16989 of 2017, titled as Raman Kumar Singh Vs. Bihar State Food and Civil Supplies Corporation Ltd., Bihar Patna & Ors., wherein also the earlier order passed by the respondent blacklisting/debarring the petitioner for an indefinite period stood quashed.
Vide current impugned order, the respondents have not assigned any reason, much less plausible, for having blacklisted/debarred the petitioner from taking part in future tenders. The principle of proportionality has not been considered. The effect of debarment entails both civil and penal consequences.
As such, on this short ground alone, the impugned order dated 09.08.2021, issued under the signature of the Engineer-in-Chief, Rural Works Department, Government of
4/4 Bihar, Patna (Annexure-4, Page-23) is quashed and set aside. At this stage, Shri Ashish Giri, learned counsel states that petitioner has already suffered a lot, inasmuch as he could not participate in any of the tenders invited by any one of the statutory authorities/instrumentality of the State. The instant petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, shall stand disposed of.
(Sanjay Karol, CJ) (Partha Sarthy, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 21.11.2022 Transmission Date