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2017 Supreme(Jhk) 1465

AMITAV K.GUPTA
Sunil Kumar Choudhary – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sumeet Gadodia
For the Respondents: Mrs. Richa Sanchita, Mr. Amit Kr. Sinha

ORDER :

I.A. No. 8379 of 2016

Learned counsel for the petitioner does not want to press the above interlocutory application.

Accordingly, I.A. No. 8379 of 2016 stands dismissed as not pressed.

W.P.(C) No. 4403 of 2016

The petitioner has prayed for issuance of appropriate order/direction for setting aside the order dated 9.1.2015 (Annexure -7).

2. Learned counsel has alleged that the aforesaid order has not been passed in accordance to Rule 10.7 of the Contractors' Registration Rules, 2012 of the Department of Drinking Water and Sanitation, Government of Jharkhand. It is submitted that the petitioner was blacklisted by order dated 13.10.2014 (Annexure-4), where after the petitioner preferred an appeal on 18.10.2014 (Annexure-5) before the Secretary of the Department as prescribed by Rule 10.7. It is urged that it would be evident from Annexure-7, that the order has been passed by the Deputy Secretary, Department of Drinking Water and Sanitation, Government of Jharkhand, who is not the competent authority. Moreover, in Annexure-7, it has been mentioned that the review application is dismissed whereas Rule 10.7 prescribes that the appeal is to be decided by the Secretary of the Department.









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