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2022 Supreme(Pat) 123

MADHURESH PRASAD, CHAKRADHARI SHARAN SINGH
Shital Prasad Construction Pvt. Ltd. – Appellant
Versus
State of Bihar through the Secretary, Rural Work Department, Government of Bihar, Patna – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr.Krishna Kant Singh, Advocate
For the Respondents:Mr.Kumar Alok, Advocate

JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

An order dated 31.08.2020 passed by the Engineer-in-Chief, Rural Works Department, Government of Bihar, whereby Shital Prasad Construction Pvt. Ltd. (Petitioner No.1) has been blacklisted for ten years in exercise of the powers under the Bihar Contractors Registration Rules (Rural Works Department), 2007, is under challenge in the present writ application. An appeal was preferred against the said order of blacklisting, which has been dismissed by the Secretary, Rural Works Department, Government of Bihar, by an order dated 18.02.2021, which has also been put to challenge in the present writ application.

2. It appears from the pleadings on record that the petitioner was asked to submit his explanation by a letter dated 27.03.2018 issued by the Executive Engineer, Rural Works Department (Works Division), Sherghati, in the light of departmental letters dated 18.08.2015 and 21.03.2018. The said letter dated 18.08.2015 has not been brought on record. The letter dated 21.03.2018 was admittedly enclosed with the said letter dated 27.03.2018.

3. The petitioner appears to have not responded to the said communication dated 27.03.2018. Nearly nine months th

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