Shri. Sanjay Kumar Singh v. The Lieutenant Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA 95/2023 Shri Sanjay Kumar Singh ... Petitioner Vs.

The Lieutenant Governor and Ors. ,,,Respondents Mr. Mohammed Tabraiz ...for the Petitioner Mr. Shatadru Chakraborty ...for the Respondents January 24, 2023 [MAM] Item No.5 The writ petition is presented, inter alia, questioning the decision of Enlistment Authority communicated vide office order dated 15th December, 2022 suspending business with the petitioner (contractor) for a period of two years from the date of issuance of the aforementioned office order.

Mr. Tabraiz, learned Advocate representing the petitioner has contended that pursuant to the show cause letter dated 10th September, 2021, issued by the Finance Officer, APWD, Port Blair vide a letter dated 23rd September, 2021 the petitioner has requested the authority to supply certain relevant documents in order to respond to the said show cause notice. Subsequently, vide a memo. dated 28th September, 2021 Finance Officer to the Chief Engineer refused to supply those documents as sought for by the petitioner on the score that those documents are confidential.

It has also been submitted on behalf of the petitioner that meanwhile responding to one letter of the petitioner under the Right to Information Act the documents which were sought for by the petitioner, were supplied.

Unfortunately, during this period the impugned order dated 15th December, 2022 has been passed by the Enlistment Authority suspending business with the petitioner for a period of two years. The petitioner has prayed for consideration of his case afresh based on the representation to be made by the petitioner after receiving the documents from the respondent authorities. Mr. Shatadru Chakraborty, learned Advocate is representing the respondents who has defended the decision taken by the Enlistment Authority as contained in office order dated 15th December, 2022 whereby business with the petitioner was suspended for two years and has also prayed for opportunity to file affidavit in support of the case of the respondents.

Having heard the learned Advocates representing the parties and on perusal the impugned decision of the Enlistment Authority as contained in office order dated 15th December, 2022 this Court finds it apt to grant an opportunity to the petitioner to make deliberation before the Chief Engineer, APWD, being respondent No. 4 prior to considering the issue involved in this writ petition. Accordingly, this Court grants leave to the petitioner to make a comprehensive representation to the respondent

No. 4 within a period of seven days from date and on receipt of such representation the respondent no. 4 shall pass reasoned order after granting opportunity of hearing to the petitioner or his representative within fortnight thereafter.

The decision to be taken by the respondent no. 4 shall be communicated to the petitioner within a period of one week thereafter.

The aforesaid exercise is required to be performed by the respondent no. 4 in the event the petitioner makes representation within a period of seven days from date as directed by this Court above.

The decision to suspend business with the petitioner as contained in the office order dated 15th December, 2022 shall be kept in abeyance till the decision to be taken by the respondent no. 4 in terms of the direction passed by this Court hereinabove.

However, it is made clear that if no such representation is preferred by the petitioner within the aforesaid period the respondents shall be free to implement the decision as contained in the office order dated 15th December, 2022 after expiry of seven days.

However, it is also made clear that this Court has not gone into the merits of this case and all the points are kept open.

Since no affidavits have been called for the allegations contained in the writ petition are deemed not to have been admitted.

With the aforesaid direction the writ petition stands disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this order be supplied to the parties after compliance of all required formalities.

(Saugata Bhattacharyya, J.)