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SANJAY KAROL, S. KUMAR
Sudheer Kumar Jha through its Proprietor Sudheer Kumar Jha @ Sudhir Kumar Jha – Appellant
Versus
State of Bihar – Respondent
SANJAY KAROL, CJ.:–Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):—
i. For setting aside the order dated 14.06.2021 contained in Memo No.2922 issued under the signature of Engineer-in-Chief-cum Additional Commissioner-cum- Special Secretary, Department of Building Construction, Bihar, Patna whereby and whereby suspended the contractors registration of the petitioner for a period of three years in terms of Bihar Contractor Registration Rules, 2007 with effect from the date of order without considering the reply that no forged or fabricated documents was uploaded rather uploaded wrong experience certificate which was not at all required with respect to the work in question, is just a matter of mistake occurred inadvertently.
ii. For any other relief/reliefs for which petitioner deemed entitled too.
2. We notice that the impugned order debarring the petitioner for participating in any of the works of the respondent-Department, for a period of three years does not contain any reason. The order entails civil consequences, inasmuch as petitioner’s right to participate in the contracts to be awarded by the respondents would stand stunted. This Court i
The main legal point established is the requirement for specific notice and reasoned decision in cases of suspension or blacklisting under Rule 11 of the Bihar Contractors Registration Rules, 2007.
Administrative decisions affecting anyone prejudicially must contain reasons for the conclusion, as emphasized by Section 47 of Kranti Associates Pvt. Ltd and Another Vs. Masood Ahmed Khan and Others....
Authorities cannot reject tenders pending an inquiry, and show cause notice must be issued by the registering authority.
The court emphasized the importance of providing a reasonable opportunity to respond, ensuring that orders are in accordance with the rules, and maintaining proportionality in the imposition of penal....
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