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2021 Supreme(Pat) 715

ANIL KUMAR SINHA
Espan Infrastructure(i) Limited Earlier Known As Espan Infrastructure Ltd. – Appellant
Versus
State Of Bihar Department Of Road Construction – Respondent


Advocates Appeared:
Mr. Y. V. Giri, Sr. Adv. Mr. Pranav Kumar, for the Appellant; Mr. Dinesh Maharaj, AC to AAG 11, for the Respondent.

JUDGMENT

1. The petitioner has filed the present writ application for quashing the order, dated 06.01.2021, as contained in Annexure 25 to the writ application, passed by the Principal Secretary, Road Construction Department, Government of Bihar, whereby the appeal filed by the petitioner, challenging the order, dated 21.12.2018, passed by the Engineer-in-Chief, Road Construction Department, as contained in Annexure 10 to the writ application, has been dismissed and the decision of the Engineer-in-Chief, dated 21.12.2018, has been affirmed, by which the petitioner company has been blacklisted for ten years.

2. The petitioner has challenged the original order of blacklisting, dated 21.12.2018, passed by the Engineer-in-Chief, Road Construction Department, by way of interlocutory application, being I. A. No. 01 of 2021.

3. The brief facts, giving rise to the present writ application, is that the petitioner company is registered by the Road Construction Department, Government of Bihar, as a Class-I contractor and pursuant to the Notice Inviting Tender (NIT), dated 22.08.2016, issued by the Executive Engineer, Chapra, for periodical repair work in KM 45.00 to KM 65.00 of NH 101 for the ye

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