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2021 Supreme(Pat) 1035

ANIL KUMAR SINHA
Realty Advance Structure Enterprises Pvt. Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Dhananjay Kumar.
For the Respondents: Mr. Narendra Kumar Singh.

ANIL KUMAR SINHA, J.:–Heard learned Counsel for the parties concerned.

2. The petitioner is aggrieved by letter no. 1798, dated 16.09.2020, issued by respondent no. 5, the Executive Engineer, Building Division, Vaishali, Hajipur (Annexure 5), whereby the petitioner company has been debarred.

3. Learned Counsel for the petitioner submits that the petitioner is a registered contractor of the Building Construction Department under Class-I category. The petitioner company has been awarded the work of construction of Engineering College building, at Bidupur, in the district of Vaishali. He further submits that the petitioner company has completed about 90 per cent of the awarded work, but without issuing any show cause, the petitioner company has been debarred/blacklisted by the respondent no. 5. He further submits that as per Rule 11 (c) of the Bihar Contractor Registration Rules, 2007 (in short, the ‘2007 Rules’), the blacklisting/suspension order can be passed by the Engineer-in-Chief and in the present case, the impugned order of debarment, which is equivalent to blacklisting, has been passed by the Executive Engineer, who has got no jurisdiction under the statutory Regulation/Rules.

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