AI Overview...
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Blacklisting under Bihar Contractor Rules - The rules (1996, 2007) specify procedures for blacklisting contractors, including issuance of show-cause notices and adherence to due process. Courts have found some blacklisting actions unsustainable when procedures were not properly followed, such as in the Bihar Contractor Registration Rules, 2007 (Clause 11(a)(ii), (ix)) Shakti Construction, a partnership firm through one of its partner namely Sri Rajkumar Singh son of Sri Sheo Bachan Singh VS State of Bihar through the Principal Secretary, Water Resource Department, Government of Bihar, Patna - Patna.
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Legal Validity of Blacklisting - Courts uphold blacklisting when based on valid reasons like poor performance or misconduct, provided due process is followed. For example, blacklisting due to poor tax collection performance was upheld after issuance of show-cause notices Uma Shankar Pathak son of Late Rajeshwar Pathak VS State of Bihar - Patna.
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Court Interventions and Quashings - Several cases saw blacklisting orders quashed or remanded for re-evaluation. The Supreme Court and High Courts have emphasized the necessity of proper notice and opportunity to respond before blacklisting, as seen in cases where blacklisting orders were challenged and subsequently set aside or sent back for reconsideration SATYENDRA KUMAR CONSTRUCTION PVT LTD VS STATE OF BIHAR - Patna, M/s Birendra Prasad Singh vs The State Of Bihar and Ors - Patna, M/s Sharda Construction vs The State Of Bihar and Ors - Patna.
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Procedural Requirements - Proper issuance of show-cause notices and adherence to principles of natural justice are critical. Orders without adequate notice are deemed contrary to justice, leading courts to quash blacklisting orders Birendra Prasad Singh VS State of Bihar through Principal Secretary, Road Construction Department, Government of Bihar, Patna - Patna.
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Specific Cases - Instances include the Dehri district, where blacklisting related to irrigation work was challenged, and the courts emphasized procedural compliance. In some cases, even after blacklisting was quashed, the matter was remanded for fresh consideration, indicating the importance of procedural correctness M/S ANNAPURNA RICE MILL DEHRI vs STATE OF U.P. AND 3 OTHERS - Allahabad, SATYENDRA KUMAR CONSTRUCTION PVT LTD VS STATE OF BIHAR - Patna.
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Penalties for Forged Documents - Blacklisting can also be imposed for entering into contracts based on forged or false documents, with provisions for stricter penalties if fraud is established early in the process Vikrant Oil Carrier VS Hindustan Petroleum Corporation Ltd. - Himachal Pradesh, Vikrant Oil Carrier, Through its proprietor Chanderpool, son of Sh. Baje Singh VS Hindustan Petroleum Corporation Ltd. - Himachal Pradesh.
Analysis and Conclusion:
Blacklisting in Dehri, Bihar, is governed by specific rules requiring procedural fairness, including notice and opportunity to respond. Courts have scrutinized blacklisting orders, quashing them when procedural lapses occur, but uphold them when justified and properly executed. The key insight is that adherence to due process is paramount; any deviation can lead to legal challenges. Proper documentation, timely notices, and fair hearing are essential to ensure the legality of blacklisting actions in Dehri and Bihar at large.
Search Results for "Dehri Blacklisting"
2016 0 Supreme(Pat) 661 • India - Patna
I.A.ANSARI, SAMARENDRA PRATAP SINGH
Blacklisting - Contractor - Bihar Contractor Registration Rules, 1996, Bihar Contractor Registration Rules, 2007 - Clause 11(a ... )(ii), Clause (a)(ix) Fact of the Case: The case involved the blacklisting of a contractor under the Bihar Contractor ... Finding of the Court: The court found that the blacklisting of the contractor was not sustainable under the 2007 Rules ... Departmental letter No. 1961, dated 12.04.2003, whereby the Minor Irrigation Department had recommended to the Executive Engineer, Tube-well Division, Sasaram Camp, ....
2012 0 Supreme(Pat) 180 • India - Patna
SHIVAJI PANDEY
The court also upheld the blacklisting of the petitioner due to poor performance in tax collection. ... have no automatic right to regularization, and blacklisting due to poor performance is justified after due process. ... Issues: Regularization of seasonal tax collector, blacklisting due to poor performance Ratio Decidendi: Seasonal employees ... Another point with regard to the blacklisting is concerned, it appears from the writ petition itself that before black listing the petitioner, a show cause notice was issued ....
2018 0 Supreme(Pat) 882 • India - Patna
NILU AGRAWAL
No. 13668 of 2018 against the notice for blacklisting which was quashed by this Court vide order dated 14.08.2018 passed in the said writ application. ... 6. ... The work was suspended on 30.05.2016 by the respondent no. 3, the Chief Engineer, Water Resources Department, Dehri, District-Sasaram and information was given to the Superintending Engineer, Dehri, and the Engineer-In-Charge, Nawanagar i.e. the respondent no. 5, the Executive Engineer, Irrigation Division ... for completing the residual work 5.60% increase in the original agreem....
2021 0 Supreme(HP) 779 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN, SATYEN VAIDYA
The penalty prescribed as per Clause 8.2.2.13 for entering into contract based on forged documents/false information is blacklisting of tank trucks with further provision to the following effect: “However, in case, complicity of the transporter is established even in first instance ... Katiji, (1987) 2 SCC 107 : AIR 1987 SC 1353, Dehri Rohtas Light Railway Co. Ltd. vs. District Board, Bhojpur (1992) 2 SCC 598 : AIR 1993 SC 802, Dayal Singh vs.
2021 0 Supreme(HP) 834 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN, SATYEN VAIDYA
The penalty prescribed as per Clause 8.2.2.13 for entering into contract based on forged documents/false information is blacklisting of tank trucks with further provision to the following effect: - “However, in case, complicity of the transporter is established even in first instance ... Katiji and others 1987 AIR (SC) 1353, Dehri Rohtas Light Railway Co. Ltd. v. District Board, Bhojpur and others 1993 AIR (SC) 802, Dayal Singh v. Union of India, 2013 AIR (SC) 1140 and Shankara Coop. Housing Society Ltd. v. M. Prabhakar and others 2011 AIR(SC) 2161.)”
2021 0 Supreme(Pat) 584 • India - Patna
ANIL KUMAR UPADHYAY
It is incumbent on the department to issue show-cause notice that it intended to impose a penalty of blacklisting so as to provide adequate and meaningful opportunity to show cause against the same. ... Government (NCT of Delhi) & Ors., (2014) 9 SCC 105, the Hon’ble Supreme Court held that the impugned order of blacklisting without proper notice is contrary to the principle of natural justice. ... That the present writ application has been filed for quashing the termination letter no. 187 dated 20.03.2020 issued under the signature of the Superintending En....
• India - Principal Bench Patna
He next submits that against quashing of the order of blacklisting, the State filed appeal before the Hon’ble Apex Court, which was dismissed and as such the matter regarding blacklisting, vis-à-vis, the petitioner and they ought not to have saddled with the cost, as ultimately the decision of blacklisting was of the Government. ... The learned single judge quashed the order of blacklisting, but however, remanded the matter to the authorities for fresh consideration of the issue. ... , for institution of Firs....
• India - Principal Bench Patna
He next submits that against quashing of the order of blacklisting, the State filed appeal before the Hon’ble Apex Court, which was dismissed and as such the matter regarding blacklisting, vis-à-vis, the petitioner and they ought not to have saddled with the cost, as ultimately the decision of blacklisting was of the Government. ... The learned single judge quashed the order of blacklisting, but however, remanded the matter to the authorities for fresh consideration of the issue. ... , for institution of Firs....
• India - Allahabad High Court
proceedings and consequential action, including orders debarring/ blacklisting ... . - 37498 of 2013 Petitioner :- M/S Annapurna Rice Mill Dehri p style
• India - Patna High Court - Principal Bench Patna
, wherein also 4/4 effect of blacklisting ... The Executive Engineer RWD Works Division, Dehri, District- Sasaram, 03.07.2009 issued by the Executive Engineer, Rural connection with the completed construction of the rescinded road from Dehri
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