Advocates:
['Pranav Kumar', '', 'Ashish Giri', 'SYED IQBAL AHMAD SC']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 3441 of 2020

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

Raj Kumar Singh Raja Construction Pvt. Ltd. having its registered office at

village- Bali Paker, P.O. and P.S.- Paliganj, District- Patna and Command

Office At 2nd Floor, RB Market, Ramnagari More, Ashiyana Digha Road,

Patna-25 represented through its Managing Director namely Sri Raj Kumar,

aged about 45 years (male), son of Prem Dhari Singh, resident of House No.

A/16, Bank of India Colony, Indrapuri, Raja Bazar, Rukunpura, B.V. College,

P.s.- Shashtri Nagar, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Road Construction

Department, Government of Bihar, Patna

2.

The Principal Secretary, Road Construction Department, Government of

Bihar, Patna

3.

The Engineer in Chief, Road Construction Department, Government of

Bihar, Patna

4.

The Superintending Engineer, Road Division, Motihari

5.

The Executive Engineer, Road Construction Department, Road Division,

Motihari.

... ... Respondent/s

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

Appearance :

For the Petitioner/s

:

Mr. Y. V. Giri, Sr. Adv.

Mr. Pranav Kumar, Adv.

For the State

:

Mr. Mahendra Prasad Verma, AC to SC-20

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

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

ORAL JUDGMENT

Date : 22-06-2021

The present writ petition has been filed by the

petitioner for quashing the order dated 27.01.2020

Patna High Court CWJC No.3441 of 2020 dt.22-06-2021

2/23

and memo dated 05.02.2020 issued under the

signature

of

the

Engineer-in-Chief,

Road

Construction Department, Government of Bihar,

Patna, whereby and whereunder the registration of

the petitioner firm has been blacklisted for ten

years.

2.

The brief facts of the case are that the

petitioner is a company registered under the

provisions of the Companies Act and is a

registered Class-I contractor in terms of the

provisions of the Bihar Contractor Registration

Rules, 2007. The Government of Bihar, through

the

office

of

the

Executive

Officer,

Road

Construction Department, Road Division, Motihari,

had issued

a

tender dated

21.09.2017

for

construction of various roads stated therein

including

construction,

up-gradation

and

maintenance of the Shankar-Saraiya to Chhapwa

Road from 0.00 km. to 20.650 km. for the year

2017-18 and the time of completion of the work in

question was stipulated as 18 months. The

Patna High Court CWJC No.3441 of 2020 dt.22-06-2021

3/23

petitioner along with others had participated in the

said tender and eventually, the petitioner was

awarded the tender in question, whereafter it had

entered into an agreement dated 31.01.2018 with

the Respondent No. 5 i.e. the Executive Engineer,

Road Construction Department, Road Division,

Motihari. The petitioner had then commenced its

work in accordance with the agreement and was

also made payment after due verification by the

authorities, however, suddenly, the petitioner

received a show cause notice dated 14.08.2019

wherein it was stated that the Flying Squad has

submitted an inquiry report dated 12.06.2019

wherein

irregularities

have

been

found

(as

mentioned in the said notice dated 14.08.2019),

hence, the petitioner was directed to explain as to

why necessary action under the provisions of the

Bihar Contractor Registration Rules, 2007 and

under the agreement be not taken. Similar notice

was sent to the petitioner by the Engineer-in-

Chief,

Road

Construction

Department,

Bihar,

Patna High Court CWJC No.3441 of 2020 dt.22-06-2021

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Patna, vide letter dated 09.10.2019 wherein

certain additional issues had been raised, however,

no proposed punishment was mentioned therein.

In fact, the Engineer-in-Chief, by issuing the

aforesaid additional show cause notice dated

09.1