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2013 Supreme(Pat) 1122

NAVIN SINHA, SHAILESH KUMAR SINHA
Kems Services Private Limited – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellants : M/s Tara Kant Jha, Manish Sahay, Kaushal Kumar Jha, Amish Kumar.
For the Respondent: Mr. Binay Kumar Pandey.

ORDER

We have heard learned Senior Council Shri Tara Kant Jha for the appellant and learned A.C. to SC 5 for the State.

2. The present appeal arises from order dated 26.7.2013 disposing CWJC No. 6067 of 2013. The learned Single Judge directed the order for blacklisting to operate as one of suspension pending resolution of the dispute with regard to non-completion of works pending before the Bihar Public Works Construction Disputes Arbitration Tribunal (hereinafter referred to as ‘the Tribunal’) in Reference Case No. 26 of 2013 preferred by the Appellant.

3. Learned Senior Council for the appellant submitted that Bihar Contractor Registration Rules, 2007 (hereinafter called the Rules) in Rule 11 provides for blacklisting by the Registration Authority. Appeal lies by the aggrieved against the order before the Commissioner-cum-Secretary. In the present case, the order for blacklisting dated 20.12.2011 was originally passed under the pen of the Engineer-in-Chief (Central) after a decision had been taken at the highest level depriving the appellant of the substantive right of appeal provided under the Rules. This aspect has been noticed while disposing CWJC No. 789 of 2012 remanding the ma






































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