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2022 Supreme(Pat) 1000

ASHUTOSH KUMAR, NAWNEET KUMAR PANDEY
Datacon Technologies Pvt Ltd. – Appellant
Versus
State of Bihar through the Chief Secretary, State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Kumar Amit, Adv.
For the Respondent: Mr.Vikash Kumar, Mr. Sri Ram Krishna, Mr. Vikas Kumar, Adv. Mr. Grijesh Kumar, Adv.

JUDGMENT :

ASHUTOSH KUMAR, J.

1. Heard Mr. Kumar Amit, the learned counsel for the petitioner and Mr. Vikash Kumar, for the State.

2. The petitioner/Datacon Technology Private Ltd. has challenged the order dated 04.05.2022 issued by the Deputy Commissioner-cum-Nodal Officer, Prohibition Excise and Registration Department of Government of Bihar, blacklisting the firm initially for a period of one month and thereafter by order dated 03.06.2022 by which the petitioner has been blacklisted for three years.

3. The main grievance of the petitioner is that no show-cause notice was served upon the petitioner/company before taking the decision.

4. The petitioner/Datacon Technology Private Ltd. was empanelled by Karnataka State Electronic Development Corporation Ltd. (herein after called KEONICS) a Government of Karnataka enterprise, to undertake the implementation of the Integrated Excise Management System (herein after referred to as ‘IEMS’) and call center projects of the State of Bihar.

5. The Department of Prohibition, Excise and Registration, Government of Bihar had issued tender for selection of an agency for Design, Supply, Installation, Commissioning, Operations and maintenance of IEMS fo

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