JUDGMENT

1. This matter has been taken up for hearing online because of COVID 19 pandemic restrictions.

2. The petitioner M/S ICN (India) Private Limited (for short "the company") through its Director namely, Navin Kishore has filed the present writ application seeking quashing of order dated 10.09.2020 issued under the signature of the Chairman, Central Selection Board (Constable Recruitment), Bihar, Patna, (hereinafter referred to as "the Board") whereby the company has been blacklisted.

3. The company is registered under the Companies Act, 1956. It has been asserted in the writ application that the company was incorporated in 1993 with Mr. Sunil Kumar Dhawan (respondent no. 10) and Smt. Sangeeta Dhawan holding the complete shareholding. Navin Kishore, through whom the present writ application has been filed is said to have been appointed as the Director of the company after purchase of with the said shareholding of the company from Arun Kumar (respondent no.9). It has been stated that said Arun Kumar had purchased the entire shareholding from Mr. Sunil Kumar Dhawan (respondent no. 10) and Ms. Sangeeta Dhawan. The company is engaged in the business of website design development, software development and Data processing, recruitment processing, scanning of forms by ICR/OCR technology and scanning of answer-sheets by OMR scanners and turnkey projects for conduct of examination and question paper setting and printing. Admittedly, the company had entered into an agreement with the Board for the financial years 2017-18 and 2018-19 for providing website scanner resources, application design, SMS and payment collection to the Board, which was signed by the then Manger of the Company namely, Arun Kumar (respondent no.9) after having been authorized by Sunil Kumar (respondent no. 10), one of the Directors of the company. In terms of the said agreement, the company as an agency of the Board had to collect online application forms from 28.05.2018 to 30.06.2018, of all the aspirants against Advertisement No. 2 of 2018. The fee collected was to be deposited in the account of the Board within six days of the transaction. The agreement further required that after collecting applications from the candidates, the company would make available all the data related to the candidates to the firm as mentioned by the Board. The Company, though, collected fee from the applicants, it did not deposit a total sum of Rs. 14,06,39,674/- in the account of the Board till 06.09.2019, thus breaching the terms of the agreement. Despite reminders having been sent, the amount was not deposited. A legal notice was thereafter sent on 13.08.2019 to respondent no.10, the Director of the company and respondent no.9, the Manager of the company, asking them to deposit the aforesaid amount. On 04.12.2019, a show-cause notice was issued to respondent nos. 9 and 10 asking them to submit an explanation as to why the company should not be blacklisted for having been committed fraud, cheated the Board and violated the terms of the agreement. An F.I.R. was also registered against them vide Shastri Nagar P.S. Case No. 733 of 2019 for the offences punishable under Sections 409 and 420 of the Indian Penal Code. They were arrested on 18.09.2019. In response to the show-cause notice, the said respondents submitted that since they were in custody, it would not be possible for them to submit the explanation. They had filed bail applications before this Court. The respondent no. 10 was allowed provisional bail by an order dated 17.12.2019 on the condition of depositing a sum of Rs. 3,50,000,00/- in the account of the Board within four days. The provisional bail was subsequently confirmed by an order of this Court dated 31.01.2020 since he had deposited the said amount of Rs.3,50,000,00/- in the account of the Board. The respondent no. 9 (Arun Kumar) was also allowed provisional bail subject to the condition that he would deposit rest of the amount of Rs. 10,56,39,674/- in installments