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SUJIT NARAYAN PRASAD, SUBHASH CHAND
Gautam Construction – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. This intra court appeal under Clause 10 of the Letters Patent is directed against the order/judgment dated 20.01.2021 passed by learned Single Judge of this Court in W.P.(C) No. 3304 of 2015, whereby and whereunder, while dismissing the writ petition the decision taken by the Executive Engineer, Rural Works Department, Hazaribagh as contained in Letter dated 17.02.2014 appended as Annexure-5 to the writ petition by which the contract entered in between the parties has been rescinded with a recommendation to blacklist the writ petitioner firm, has refused to interfere with the impugned order.
2. The brief facts of the case as per the pleading made in the writ petition required to be enumerated, read as under:
The Rural Works Department invited a tender for construction of road from Sukul Katha to Dudhi Garha in which the writ petitioner along with other bidders have participated in which the writ petitioner has been found successful and an agreement No. 36F2 of 2011-12 has been executed in between the writ petitioner and the Rural Works Department on 17.10.2011.
It is the case of the writ petitioner that although the agreement was executed on 17.10.
The central legal point established in the judgment is the requirement to provide an opportunity for the parties to be heard before rescinding a contract, in accordance with the principles of natural....
The impugned actions of issuing the show cause notice and blacklisting the petitioner were arbitrary, unconstitutional, and violated principles of natural justice. The court emphasized the requiremen....
Contract Tender - Municipal Corporation - “debarment” is recognised and often used as an effective method for disciplining deviant suppliers/contractors who may have committed acts of omission and co....
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