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2021 Supreme(Pat) 735

CHAKRADHARI SHARAN SINGH
Star Build Max Pvt. Limited – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Ranjeet Kumar, Advocate, Mr. Kundan Kumar, Advocate, Mr. Yogesh Kumar, Advocate, for the Appellant; Mr. Manoj Kumar Ambastha, S.C.-26, for the Respondent.

JUDGMENT

1. The petitioner is a company registered as Class-I contractor under Bihar Contractors Registration Rules, 2007, issued in the nature of office order by the Road Construction Department, Government of Bihar. It was awarded certain work relating to construction of road in 2015.

2. By an order dated 27.12.2019, issued by the Engineer-in-Chief, Road Construction Department, Patna (respondent No. 2), the petitioner has been black-listed for a period of 15 years in exercise of power under Rule 11(A)(ii) of the Rules of 2007 read with 8.1.B of the Departmental Order No. 154 as contained in Memo No. 5403(S). The said order of black-listing was challenged by the petitioner before this Court by filing a writ petition giving rise to C.W.J.C. No. 1127 of 2020 on various grounds including the ground that the show cause notice issued to the petitioner before issuance of the order of black-listing did not indicate about the proposed final action in the event the explanation in response to the show cause notice was not found satisfactory. Reliance had been placed on Supreme Court's decision in case of Gorkha Security Services vs Govt. of NCT of Delhi & Ors., reported in (2014) 9 SCC 105.

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