Sanjay Kumar Chandra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24672 of 2019 ====================================================== Sanjay Kumar Chandra Son of Agnu Prasad Singh, Resident of VillageBajitpur,Tola- Daya Bigha, P.O. Belaganj, P.S. Belaganj, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Government of Bihar, Rural Works Department, Bisheshwaraiya Bhawa, Bailey Road, Patna. 2.

The Addl. Chief Executive Officer Cum Secretary, Bihar Rural Road Development Engineering, Patna.

3.

The Engineer in Chief, Rural Works Department, Bisheshwaraiya Bhawan, Bailey Road, Patna.

4.

The Chief Engineer, Rural Works Department, Bisheshwaraiya Bhawa, Bailey Road, Patna.

5.

The Superintending Engineer, Rural Works Department, Works Division, Tekari, District- Gaya.

6.

The Executive Engineer, Rural Works Department, Works Division, Tekari, District- Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar Sinha For the Respondent/s :

Mr.P. N. Shahi ( Aag6 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-12-2019 Heard the learned counsel for the petitioner and the State.

The petitioner has challenged the order dated 22.06.2016 issued under the signature of the Engineerin-Chief, Rural Works Department, Patna, whereby the petitioner has been debarred for an indefinite period from participating in any government work and has

Patna High Court CWJC No.24672 of 2019(2) dt.10-12-2019 2/3 sought further direction to the respondent / authorities to expunge his name from the list of the blacklisted contractors.

The main reason for the petitioner to approach this Court is that on non-existent reasons, such an order has been passed.

The petitioner had performed his part of obligation as a Contractor within the stipulated period. Apart from this, there is a further challenge to the order with respect to his not being served with a notice for initiating any proceeding for blacklisting.

The aforesaid facts have been orally controverted by the counsel appearing for the respondents.

In any view of the matter, these facts could be well gone into by the Departmental Secretary before whom an appeal lies against such order of debarment. Should the petitioner prefer an appeal before the Departmental Secretary within a period of four

Patna High Court CWJC No.24672 of 2019(2) dt.10-12-2019 3/3 weeks, the same shall be considered on its own merits, within a period of six weeks thereafter, without being prejudiced with the fact that the present petition has not been entertained by this Court.

With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U