Patna High Court
Yaswant Sinha vs The State Of Bihar on 22 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7852 of 2020
======================================================
Yaswant Sinha, son of Mithilesh Kumar Sinha, resident of Bharat Prasad
Lane, Salempur, Chapra, P.s.- Chapra, District- Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Urban Development and
Housing Department, Patna.
2. The District Magistrate, Saran, Chapra.
3. The Municipal Commissioner, Nagar Nigam, Chapra.
4. The Superintendent of Police, Saran, Chapra.
5. The Additional Collector, Saran, Chapra.
6. Sub Divisional Magistrate, Saran, Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar, Adv.
For the Respondent/s : Mr.Lalit Kishore ( Ag )
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
Date : 22-02-2021
The present writ petition has been filed seeking
quashing of the order contained in Memo dated 17.08.2020
issued by the Municipal Commissioner, Nagar Nigam, Chapra
whereby and where-under the work order issued to the
petitioner i.e. 10.08.2020 has been kept in abeyance.
The brief facts of the case are that the respondent no. 3
had issued a public notice in the local newspaper as well as a
notice was pasted on the notice Board of Chapra Nagar Nigam
for the purposes of settlement of contract pertaining to the
hordings in question. The petitioner along with two others had
Patna High Court CWJC No.7852 of 2020 dt.22-02-2021
participated in the bid and upon preparation of the merit list, it
was found that the petitioner had offered the highest amount for
the bid in question and, accordingly, the petitioner was selected
for the said work in question and vide order dated 10.08.2020,
the respondent no.3 had issued work order, however, without
assigning any reason or without giving show cause notice to the
petitioner, the respondent no.3 has issued an order dated
17.08.2020 whereby and where-under the work order dated
10.08.2020 has been kept in abeyance.
The learned counsel for the petitioner has submitted
that the work order in question has been kept in abeyance by the
aforesaid order dated 17.08.2020 without disclosing any reason
as well as without issuing any show cause notice to the
petitioner, thus, the said order dated 17.08.2020 has been issued
in violation of the principles of natural justice, hence, the same
is fit to be quashed.
Per contra, the learned counsel for the reasondents has
submitted that the respondent no.3 had received certain
complaints regarding the selection process and thereafter he had
thought it proper to keep the work order of the petitioner in
abeyance.
Having regard to the facts and circumstances of the
Patna High Court CWJC No.7852 of 2020 dt.22-02-2021
case and considering the submissions made by the learned
counsel for the parties, this Court finds that after the work order
was issued to the petitioner vide order dated 10.08.2020,
without issuing any show cause notice or without giving any
cogent reason, the Respondent No. 3 has kept the work order of
the petitioner in abeyance vide the impugned order dated
17.08.2020, which is completely in violation of the principles of
natural justice, thus, the impugned order dated 17.08.2020 is
unsustainable in the eyes of law, hence, the same is quashed.
The writ petition stands allowed.
(Mohit Kumar Shah, J)
Tiwary/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 24.02.2021
Transmission Date N/A
