Sandeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13820 of 2023 ====================================================== Sandeep Kumar, aged about 52 years, S/o Late Ram Gopal Mahensaria, Proprietor M/S Sarswatii Store, Mulchand Path, Chitragupt Nagar, Kankarbagh, Patna at Present Resident of A-001, Raj Kishori Complex, Mulchand path, Bahadurpur Gumti Kankarbagh, Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar througjh the Secretary (Gramin Vikas), Rural Development Department, Government of Bihar, Patna. 2.
The Chief Executive Officer, Jeevika, Vidyut Bhawan, Patna. 3.
Director General , Bihar Institute of Public Administration and Rudal Development, Walmi Campus, P.S. Phulwarisariff, District-Patna. 4.
Deputy Director, Bihar Institute of Public Administration and Rudal Development, Walmi Campus, P.S. Phulwarisariff, District-Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Mishra For the Respondent/s :
Mr. Vikash Kumar ( Sc 11 ) Mr. Abhinav Srivastava, Advocate Mr. Raushan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 25-09-2023 In the instant writ petition, petitioner has prayed for the following relief(s):- "That this writ is filed for quashing the order dated 23/09/2021 issued vide letter no.
BIPARD/CRD-36/2011-91 dated 23/09/2021 under the signature of Respondent No. 3, the Director General, Bihar Institute of Public Administration and Rural Development (hereinafter referred to as BIPARD), where by the respondent had put the petitioner in black list."
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2. The petitioner has been blacklisted vide order dated 23/09/2021 passed by Director General, Bihar Institute of Public Administration and Rural Development, which reads as under:-
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3. Reading of the impugned order, it is crystal clear that the principles laid down by the Apex Court in the case(s) of State Bank of India and Ors. Vs. Rajesh Agarwal and Ors. reported in
4/4 (2023) 6 SCC 1, UMC Technologies Pvt. Ltd. vs. Food Corporation of India and Anr., reported in (2021) 2 SCC 551 and later decision in the case of Isolators and Isolators Through Its Proprietor Mrs. Sandhya Mishra vs. Madhya Pradesh Madhya Kshetra Vidyut Vitran Co. Ltd. and Anr., reported in 2023 Livelaw (SC) 330 (Para-34) have not been followed to the extent that there is no specific notice for period of blacklisting the petitioner. On this short ground, petitioner has made out a case.
4. Accordingly, the blacklisting order dated 23.09.2021 issued vide letter no. BIPARD/CRD-36/2011-91 (Annexure-1) stands set aside, reserving liberty to the concerned authority to proceed in accordance with law after taking note of the principles laid down by the Apex Court in the decisions cited (supra) by giving ample opportunity of hearing to the petitioner.
5. The above exercise shall be completed within a period of three months from the date of receipt of a copy of this order.
6. Accordingly, the writ petition stands allowed. (P. B. Bajanthri, J) (Arun Kumar Jha, J) Himanshu/- Ashish/- U