IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. BAJANTHRI and ARUN KUMAR JHA, J.
CWJC No.2840 of 2023
(4.4.2023)
Amit Kumar Singh ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
Government Contract – Black-listing – Challenge as to – One of grounds in support of prayer is that he has not been heard and behind back of petitioner certain material information is stated to have been taken by concerned respondent and proceeded to blacklist petitioner – Fact that petitioner has not been heard in the matter, petitioner has made out prima facie case – Impugned order stands set aside reserving liberty to concerned respondent to proceed in accordance with law within a reasonable period of time. (Paras 3 and 4)
P. B. Bajanthri, J.—Heard learned counsel for the respective parties.
2. In the instant petition, petitioner has prayed for the following reliefs:—
"(i) To issue an appropriate Writ(s), Order(s) or Direction(s) to the respondent authorities to quash the office order dated 17.12.2022 contained in memo no. 250 whereby the petitioner's bid in NIT No. 10/2022-23 at serial no. 9 has been rejected and the petitioner has been blacklisted for a period of 10 years without issuance of any show cause notice;
(ii) To issue an appropriate Writ(s), Order(s) or Direction(s) to the respondent authorities for providing the petitioner with an opportunity of hearing before taking any coercive and harsh action against the petitioner.
(iii) To issue an Writ(s), Order(s) or Direction(s) to the respondent authorities for keeping the letter dated 17/12/2022 as contained in memo no. 250 in abeyance till the final adjudication of this case;
(iv) To issue an Writ(s), Order(s) or Direction(s) to the respondent authorities to restore the petitioner's bid pursuant to NIT No. 10/2022-23; and
(v) To pass any other appropriate Writ(s), Order(s) or Direction(s) that this Hon'ble Court may deem fit on the facts and in the circumstances of the case."
3. One of the ground in support of the prayer is that he has not been heard and behind the back of the petitioner certain material information is stated to have been taken by the concerned respondent and proceeded to blacklist the petitioner.
4. In the facts and circumstances of the case and the fact that petitioner has not been heard in the matter, petitioner has made out prima facie case. Accordingly, impugned order dated 17.12.2022 (Annexure-P4) stands set aside reserving liberty to the concerned respondent to proceed in accordance with law within a reasonable period of time from the date of receipt of this order.
5. With the aforesaid observations, the present petition stands disposed of.
The main legal point established in the judgment is the requirement for a fair hearing, specific show cause notices, and proportionate punishment before imposing blacklisting in government contracts.
The central legal point established in the judgment is the requirement to comply with the principles of natural justice, including providing a fair hearing, in the process of blacklisting a bidder.
The lack of procedural fairness, including the absence of proof of notice to show cause, can lead to the quashing of administrative orders with civil and penal consequences.
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