IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15642 of 2022

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Satyendra Kumar Construction Pvt. Ltd. Having its registered office at 202,

Hira Enclave, New Dak Bunglow Road, P.S.- Kotwali, District Patna, through

its Director Deepak Kumar @ Dipak Kumar, aged about 41 years, son of Sri

Narayan Prasad, resident of Bhikhna Pahari, Opposite Patel Hostel, P.S.-

Pirbahore, District- Patna, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Department of Education, Government of

Bihar, Patna.

3.

The Secretary, Department of Education, Government of Bihar, Patna.

4.

The Bihar State Educational Infrastructure Development Corporation Ltd.,

(A Government of Bihar Undertaking), Shiksha Bhawan, Bihar Rastra

Bhasha Parishad Campus, Acharya Shivpujan Sahay Path, Saidpur, Patna

800004 through its Managing Director.

5.

The Managing Director, Bihar State Educational Infrastructure Development

Corporation Ltd., Shiksha Bhawan, Bihar Rastra Bhasha Parishad Campus,

Acharya Shivpujan Sahay Path, Saidpur, Patna 800004.

6.

The Chief Engineer, Bihar State Educational Infrastructure Development

Corporation Ltd., Shiksha Bhawan, Bihar Rastra Bhasha Parishad Campus,

Acharya Shivpujan Sahay Path, Saidpur, Patna 800004.

7.

The Chief Consultant (Technical), Bihar State Educational Infrastructure

Development Corporation Ltd., Shiksha Bhawan, Bihar Rastra Bhasha

Parishad Campus, Acharya Shivpujan Sahay Path, Saidpur, Patna 800004.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Prabhat Ranjan, Advocate

For the Respondent/s

:

Mr.Prabhakar Jha, GP 27

Mr. Girijish Kumar, Advocate

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

(The proceedings of the Court are being conducted by Hon’ble the Chief

Justice/Hon’ble Judges through Video Conferencing from their

residential offices/residences. Also the Advocates and the Staffs joined the

proceedings through Video Conferencing from their residences/offices.)

Patna High Court CWJC No.15642 of 2022 dt.18-11-2022

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Date : 18-11-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):

“(i) Quashing of the to Show Cause

Notice contained in Letter No. 3530 dated

06.05.2022 (Annexure-5) issued by the

Managing Director, Bihar State Educational

Infrastructure Development Corporation Ltd., by

which the petitioner was asked to submit reply

upon the contemplated action of forfeiture of

Security Deposit and Blacklisting on the

allegation of committing negligence and misuse

of the Government funds in the execution of the

work awarded;

(ii) Quashing of the Office Order No.

83 dated 09.06.2022 as contained in Memo No.

BSIEBC/TECH/966/4424 (Annexure-7) issued

by Managing Director, Bihar State Educational

Infrastructure Development Corporation Ltd.,

by which, without considering the Show Cause

Reply and contrary to the Registration Rules,

2012 as also the terms of the Standard Bidding

Document, an amount of Rs. 63,38,217/-

deposited under the heads of Security Deposit

has been forfeited and the Registration of the

petitioner firm has been blacklisted for a period

of ten years in terms of the decision taken by the

Board for the Corporation in its 41^st Meeting

vide Agenda No. 12/41 dated 11.04.2022.

We do not find the impugned show cause notice

Patna High Court CWJC No.15642 of 2022 dt.18-11-2022

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dated 06.05.2022, as contained in Letter No. 3530 and the

consequential office order No. 83 dated 09.06.2022, passed by

respondent No. 5 , namely the Managing Director, Bihar State

Educational Infrastructure Development C