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2022 Supreme(Pat) 29

SANJAY KAROL, S. KUMAR
Satyendra Kumar and Co. Const. Pvt. Ltd. – Appellant
Versus
State of Bihar through Principal Secretary, Building Construction Department, Patna, Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Sanjay Singh, Senior Advocate
For the Respondents:Mr. Syed Iqbal Ahmad, S.C., Mr. Mahtab Alam, Advocate

JUDGMENT

Sanjay Karol, J.

(The proceedings of the Court are being conducted by Hon’ble the Chief Justice/ Hon’ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)

The sole issue which arises for consideration is as to whether, without even issuing notice to show cause or complying with the fundamental principles of natural justice, the petitioner can be, straightway black listed/debarred from participating in the other works, civil in nature, undertaken on behalf of the State of Bihar or not?

2. Vide impugned order dated 03.10.2020, the Building Construction Department, Government of Bihar, has inter alia debarred the petitioner with immediate effect. Impliedly, such order prohibits the petitioner from participating in all the works of civil nature undertaken by the said Department.

3. The other issue raised in the said communication is petitioner’s alleged violation of the terms of agreement executed on 04.04.2018 concerning work of civil nature.

4. During the course of the hearing, Sri Sanjay Singh, learned Senior Counsel appearing for the pet

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