This writ petition has been filed by the petitioner for the following reliefs:-

(i) For quashing order dated 12.08.2009 issued by respondent no.3, the Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, Bihar, Patna by which the registration of the petitioner bearing Pratham-181/2008 Road has been blacklisted under provision of Clause VII of Rule 11(A) of Bihar Contract Registration Rules and Rule 13 (VII) of Bihar Enlistment of Contractor Rules, 1996 for the charge of changing the rate quoting page of the tender paper filed on 27.12.2001 for the contractual work of strengthening of Loria-Sikarpur-Thori Road from 0 KM to 12.7 KM in connivance with the officials (Annexure-6).

(ii) For quashing the order under appeal passed by the Secretary, Road Construction Department, Bihar, Patna on 15.10.2009 by which he affirmed the order of blacklisting dated 12.08.2009 passed by Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, Bihar, Patna (Annexure-8).

2. It is stated on behalf of the petitioner that it is a firm duly registered as Contractor-Grade-I under Bihar Contractor Registration Rules, 2007 which is valid up to 03.06.2013 and in response to the notice inviting tender it filed its tender on 27.12.2001 at the rate of 0.3% below estimated cost of Bill of Quantity against contractual work of strengthening of Loria-Sikarpur-Thori Road from 0 KM to 12.7 KM which was duly verified from the Executive Engineer to the Chief Engineer and was sent to the Departmental Tender Committee headed by the Secretary, Road Construction Department, Govt. of Bihar ((hereinafter referred to as „the Department? for the sake of brevity), but the said tender was rejected by the authorities and the said work was not allotted to him. It is also stated that similarly other contractors namely (i) M/s Rishi Builders India Ltd., Srikrishnanagar, Motihari, (ii) M/s Roy Brothers Construction, Thakur Mansion, Gopalganj, (iii) M/s Crown Construction, Katra, Hajipur and (iv) M/s Shivlal Singh also submitted their tenders and out of them, tender of M/s Crown Construction, Hajipur was accepted by the Departmental Tender Committee on 25.01.2002.

3. It is also claimed that on the complaint of several persons, the matter was enquired into and the Superintending Engineer, North Bihar Circle, Muzaffarpur submitted his enquiry report dated 25.10.2002 to the Department and on the said enquiry report, the Engineer-in-Chief-cum- Additional Commissioner-cum-Special Secretary of the Department issued show cause notice to the petitioner on 09.03.2009 alleging the petitioner for changing the rate quoting page from the tender paper, obtaining B.O.Q after stipulated period and not matching signature and seal of the petitioner from rate quoting page with other papers of tender. However, no evidence or documents with respect to the aforesaid charge was served upon the petitioner and hence petitioner requested for them on 20.03.2009. Thereafter the petitioner filed his show cause on 26.05.2009 specifically denying all the charges against him as he had done nothing as alleged in the charges and the evidence itself made it abundantly clear that the allegations made in the show cause notice was wholly misconceived and contrary to the facts.

4. Thereafter the Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary of the Department passed order dated 12.08.2009 by which the petitioner was black listed under clause VII of Rule 11(A) of Bihar Contract Registration Rules and Rule 13 (VII) of Bihar Enlistment of Contractor Rules, 1996 without considering and going through the records detailed in the show cause filed by the petitioner on 26.05.2009. Against the said order, petitioner filed an appeal before the Secretary of the Department on 24.08.2009 and the said appeal was heard on 29.09.2009 when the order was reserved and was kept pending. Hence, petitioner filed CWJC No