Advocates:
['Shivam', '', 'Mritunjay Kumar', 'Sanjeet Kumar Singh', 'Daksha Singh', 'ANJANI KUMAR AAG']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12933 of 2022

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Sanjay Kumar son of Shri Ramyash Ray, Resident of Near Jain College,

Eastern Gate, Sankat Mochan Nagar, P.S.-Ara Nawada, District-Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Water Resources

Department, Government of Bihar, Patna.

2.

The Engineer-in-Chief (Headquarters), Water Resources Department,

Government of Bihar, Patna.

3.

The Chief Engineer, Flood Control, Water Resources Department,

Samastipur, District-Samastipur, Bihar.

4.

The Superintending Engineer, Flood Control Circle, Darbhanga, District

Darbhanga, Bihar.

5.

The Executive Engineer, Water Ways Division, Darbhanga, District

Darbhanga, Bihar.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Shivam, Advocate

For the Respondent/s

:

Mr. Anjani Kumar, AAG4

======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 28-11-2022

Petitioner has prayed for the following relief(s):

“(1) For quashing order as contained in Memo No.

3267 dated 5.8.2022 issued under the signature of

the Secretary-cum-Appellate Authority. Water

Resources Department, Government of Bihar, Patna

whereby and whereunder the appeal preferred by the

petitioner under Clause 11 (gha) of the Bihar

Contractors Registration Rules, 2007 against the

Patna High Court CWJC No.12933 of 2022 dt.28-11-2022

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order dated 4.3.2022 as contained in Memo No. 832

passed by the Engineer-in-Chief (Headquarter).

Water Resources Department, Government of Bihar,

Patna whereby the petitioner has been blacklisted for

a period of 10 years in terms of Rule 11 (ka)(viii) of

the aforesaid Rules read with departmental order No.

201 dated 14.3.2016, has been rejected.

(ii) For quashing the order as contained in Memo

No. 832 dated 4.3.2022 issued under the signature of

the Engineer-in-Chief (Headquarter). Water

Resources Department, Government of Bihar, Patna

whereby the petitioner has been blacklisted for a

period of 10 years in terms of Rule 11(ka)(viii) of the

Bihar Contractors Registration Rules read with

departmental order No. 201 dated 14.3.2016.

(iii) For grant of any other incidental/consequential

or other appropriate relief/reliefs to which the

petitioner may be found entitled in the facts and

circumstances of the case fully enumerated

hereinbelow.”

Petitioner was awarded contract pursuant to NIT

no.03/2020-21 in Group nos. 2,3 and 5. The petitioner, being

successful bidder, was allotted work on 11.4.2021.

Undisputedly, the nature of work is construction contract. It is

matter of record that the petitioner did not carry out any activity

of construction which led to the passing of the impugned order

of blacklisting dated 04.03.2022 (Annexure-8 of page 32), as

affirmed in an appeal by the competent authority. The period for

Patna High Court CWJC No.12933 of 2022 dt.28-11-2022

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which the petitioner stands black-listed is 10 years. Challenge

to the order of blacklisting is laid on three counts: (a)

Inadequate period for responding to the show cause; (b) The

order of blacklisting is contrary to the rules itself; and (c) The

period of blacklisting being grossly disproportionate.

On all three counts, we are of the considered view that the

petition needs to be allowed.

The notice to the show cause was issued affording only

three days’ time. In our considered view, reasonable opportunity

ought to have been granted to the petitioner. We notice that as

per instructions, unless the period is dispensed with in public

interest, two weeks’ time is provided for. We also notice that the

construction activity could not be carried o