2024:CGHC:445130 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Order Reserved on 07.08.2024 Order Delivered on 14.11.2024 WPC No. 3221 of 2024

1 - Sps Construction And Engineering Works Through Its Partner Manoj Kumar Soni, S/o Lt Shri Swendar Prasad Soni, R/o Kirpal Nagar, Kohka, Bhilai, Dist. Durg (C.G.)

---- Petitioner Versus

1 - Bhilai Steel Plant Through Its Executive Director (Mm), Bhiali District Durg. 2 - G.M. (O And M) Sbc, Bhilai Steel Plant, Bhilai, District Durg 3 - Steel Authority Of India Limited Through Its Chairman Cum Managing Director, Ispat Bhawan, Lodhi Road, Delhi.

---- Respondents WPC No. 3427 of 2024

1 - Sps Construction And Engineering Works Through Its Partner Manoj Soni, S/o Lt. Shri Swendar Prasad Soni Aged About 41 Years, R/o Kirpal Nagar, Kohka, Bhilai, District : Durg, Chhattisgarh ----Petitioner Versus

1 - Steel Authority Of India Limited, Through Its Chairman Cum Managing Director, Ispat Bhawan, Lodhi Road, Delhi

2 - Bhilai Steel Plant Through Its Executive Director (Mm), Bhilai

3 - G.M., (O And M), S.B.C. Bhilai Steel Plant, Bhilai ---- Respondent For Petitioner(s) : Ms. Astha Shukla, Advocate along with Mr. Himanshu Yadu, Advocate For Respondents : Mr. P.R. Patankar, Advocate SHUBHAM DEY Digitally signed by SHUBHAM DEY SB: Hon'ble Shri Parth Prateem Sahu, Judge

C A V ORDER

1. The petitioner has filed this writ petition seeking following reliefs:-

WP (C) No. 3221/2024 “10.1 That, the Hon’ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate order or direction quashing the impugned order dated 02.01.2024 (Annexure P/1) and order dated 23.02.2024 (Annexure P/2).

10.2 Pass any other order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.”

WP (C) No. 3427/2024 “10.1 That, the Hon’ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate order or direction quashing the impugned order dated 29.02.2024 (Annexure P/1).

10.2 Pass any other order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.”

2. Learned counsel for the petitioner submits that in Writ Petition (C) No.

3221/2024, petitioner has challenged the order of the Standing Banning Committee dated 02.01.2024 (Annexure P/1) and also the order rejecting the appeal dated 23.02.2024 (Annexure P/2) whereas, in WP (C) NO. 3427/2024, the petitioner has challenged the order dated 29.02.2024 (Annexure P/1) passed by the Respondent No. 1 therein based on the order passed by the Bhilai Steel Plant against the petitioner, on banning of the business dealings with SAIL including any of its steel plant/unit/subsidiaries.

3. As both the writ petitions are arising out of the same cause i.e. the work of Civil Works of Backwash Filter Over head Tank of WTP 3 (URM) & Make-up Water Over Head Tank of DCW Circuit of BRM (Pkg-077-02CI), both these writ petitions were heard together and are decided by this common order.

4. Learned counsel for the petitioner by way of writ petition bearing WP (C)

No. 3221/2024 has challenged the order dated 02.01.2024 (Annexure P/1) whereby, the respondents had issued the banning order for a period of 03 years with effect from 02.01.2024 i.e. the date of order and further the order dated 23.01.2024 (Annexure P/2) passed in an appeal by the appellate authority, dismissing the appeal and affirming the order of banning against the petitioner respectively.

5. Petitioner has filed these writ petitions pleading therein that the petitioner was awarded the work of Backwash Filter Over head Tank of WTP 3 (URM) & Make-up Water Over Head Tank of DCW Circuit of BRM (Pkg- 077-02CI), subsequent to award of work contract, an agreement was also executed between the parties on 19.01.2016. Petitioner successfully completed the work, employer has also issued the work completion certificate in this regard. After 05 years of the completion of contract work and issuance of the work completion certificate, the respondents without granting any opportunity of hearing, in c