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CHAKRADHARI SHARAN SINGH
Kamladityya Construction Pvt. Ltd. – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
1. The matter has been taken up for hearing on-line because of COVID-19 Pandemic restrictions.
2. Seeking exception to an order issued vide Memo. No. 1112 dated 06.05.2020 under the signature of Engineer-in-Chief, Water Resources Department, Government of Bihar (Respondent No. 3), whereby the petitioner has been black-listed, invoking Rule 11(ka)(ii) of the Bihar Contractors Registration Rules, 2007, for ten years, the petitioner has filed this writ application under Article 226 of the Constitution of India. The petitioner is a company registered under the Companies Act, 1956.
3. The impugned order has been brought on record by way of Annexure-P/7 of the writ application from which it is evident that the same has been issued on the charge of failure on the part of the petitioner to complete its work under Agreement No. 02 SBD/201415 dated 26.02.2015 (Group No. 9) for Restoration of Hathua Branch Canal (90.00 To 183.00 RD) and its Distribution System Guthani Distributory and its Distribution System Titra Sub Distributory and its Distribution System Under "RESTORATION Work of Western Gandak Canal System Bihar" (SARAN Main Canal and its Distribution System, Bihar (New Major ERM)
The impugned actions of issuing the show cause notice and blacklisting the petitioner were arbitrary, unconstitutional, and violated principles of natural justice. The court emphasized the requiremen....
Blacklisting or debarment cannot be permanent and must be preceded by a specific show cause notice, complying with the principles of natural justice.
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