Patna High CourtCWJC/15180/2015disposed

Brajesh Kumar v. The State Of Bihar And ORS

2016-01-06Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 15180 of 2015 =========================================================== Brajesh Kumar, Son of Sri Ramashrey Prasad, resident of village Chauria Tola, P.O. Dhum Nagar, P.S. Jagdishpur, District West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar- through its Chief Secretary.

2. Road Construction Department, Government of Bihar- through its Principal Secretary.

3. Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, Bihar, Patna.

4. Secretary to the Engineer-in-Chief, Road Construction Department, Bihar, Patna.

5. Rural Works Department, Government of Bihar- through its Principal Secretary, Patna.

6. Engineer-in-Chief, Rural Works Department, Government of Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan Prasad, Advocate.

For the State :

Mr. Prashant Pratap, G.P. 6 Mr. Gyan Shankar, A.C. to G.P. 6.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 06-01-2016 Heard learned counsel for the parties.

After some argument learned counsel for the petitioner seeks permission to withdraw the application in order to move before the appellate authority under the Bihar Contractors Registration Rules, 2007.

Accordingly, the writ petition stands disposed off as withdrawn with the liberty aforesaid.

The Court would only like to indicate that the appellate authority shall not be guided by the decision contained in Letter No. 154 dated 18.06.2015 with regard to the period of blacklisting as the same can only be inflicted for an offence

Patna High Court CWJC No.15180 of 2015 dt.06-01-2016 2/2 committed prospectively and not for the period the petitioner is said to have committed the misconduct, which is much prior in time. It will be open to the petitioner to advance all his arguments before the appellate authority. If such an appeal is filed within one month from today along with a copy of this order, the same shall be disposed off by the appellate authority within two months thereafter.

(Ahsanuddin Amanullah, J.) P. Kumar U T