The absence of a clear and specific show cause notice before administrative blacklisting violates principles of natural justice, leading to quashing of the decision.

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE ARUN KUMAR JHA)

Date : 20-04-2023

Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed by the petitioner claiming the following reliefs :-

“(i) Quashing of the Notice to Show Cause dated 11.10.2022 contained in Letter No. 2311 issued by Executive Engineer, Minor Irrigation Division, Gaya (Annexure 3) whereby the petitioner has been asked to Show Cause as to why for the alleged act of tampering in the "work done value" which is not as per the terms of the Tender, appropriate action under Bihar Contractors Registration Rules, 2007 and IPC/ CrPC be not taken;

(ii) Quashing of the consequential order dated 20.02.2023 as contained in Letter no. 107 (Annexure 5) by which, the Incharge Chief Engineer, Minor Irrigation Department, Patna has blacklisted the Registration of the petitioner for a period of 10 years in terms of Rule 11 (a) (vii) of the Bihar Contractors Registration Rules, 2007 on the basis of a Show Cause Notice issued by an incompetent authority and without even referring to the causes shown by the petitioner

(iii) Declaration to the effect that the aforesaid exparte order of blacklisting shall not be made applicable retrospectively in connection with those tenders in which the last date for submission of the Tender documents has already lapsed and the petitioner has submitted the Tender documents and which tenders are pending disposal; and

(iv) Restraining the Respondents from giving effect to taking any precipitative / coercive action arising out of the aforesaid order of blacklisting and the dispute during the pendency of the present writ application and/or without the leave of this Hon'ble Court.”

3. Briefly stated the facts of the case, according to the petitioner, are that the petitioner is a registered contractor under the Minor Irrigation Department, Government of Bihar, Patna. The Chief Engineer, Minor Irrigation Department, floated a Notice Inviting Tender No. 13/2021-22 dated 23.03.2022 relating to various renovation and restoration works in the District of Gaya, Arwal, Nawada, Kaimur, Mohania and Patna under different irrigation schemes. The petitioner responded to the aforementioned NIT and submitted his Bid document along with all other valid certificates. It has come to the knowledge of the petitioner that during processing of the Tender, a complaint of general nature with regard to genuineness of the certificates being submitted by the prospective Bidders was lodged at the instance of one of the contractors, viz. M/s. R K Associate, intimating the Department that certain contractors are submitting certificates relating to eligibility criteria with interpolations in it. The Technical Bid Evaluation Committee convened its meeting on 30.07.2022 and, after considering the complaint, decided to disqualify the petitioner and the Committee resolved to recommend/ report the matter to the Departmental Tender Committee headed by the Additional Chief Secretary. Thereafter, the Departmental Tender Committee comprising four members presided by the Additional Chief Secretary convened its meeting on 27.09.2022 and considered the recommendation of the Chief Engineer as contained in Letter no. 1637 dated 30.07.2022 and accepted the proposal of the Technical Bid Evaluation Committee rejecting the Technical Bid of certain Contractors and directed the Chief Engineer to initiate an appropriate action against such contractors. In compliance of the direction contained in the afore