Sunil Kumar @ Sunil Kumar Ojha vs The Bihar Police Building ...
2021 Latest Caselaw 1778 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No. 8177 of 2020
     ======================================================

Sunil Kumar @ Sunil Kumar Ojha, aged about 36 years, (Male), Son of Sri Surendra Kumar Ojha, Resident of Tara Kunj House, Ram Jaipal Nagar, Gola Road, PS-Rupaspur, District-Patna 801503.

... ... Petitioner/s Versus

1. The Bihar Police Building Construction Corporation Ltd. through its Chairman Cum Managing Director, Kautilya Nagar, Patna-14.

2. The Chairman Cum Managing Director, Bihar Police Building Construction Corporation Ltd., Kautilya Nagar, Patna-14.

3. The Chief Engineer, Bihar Police Building Construction Corporation Ltd., Kautilya Nagar, Patna-14.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. P K Shahi, Sr. Advocate with Mr. Vikas Kumar, Advocate For the BPBCCL : Mr. Prasoon Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 25-03-2021

Heard Mr. P K Shahi, learned senior counsel along with

Mr. Vikas Kumar, learned counsel for the petitioner and Mr.

Prasoon Sinha, learned counsel for the Bihar Police Buildings

Constructions Corporation Limited (hereinafter referred to as the

'Corporation').

2. The petitioner has moved the Court for the following

relief:

"1. That in this writ application petitioner prays for issuance of appropriate writ(s)/order(s)/direction(s) for quashing of office order no. 310/2020 contained in Memo No. Hq. 2348 dated 29.07.2020 whereby and where under Patna High Court CWJC No.8177 of 2020 dt.25-03-2021

registration of petitioner has been blacklisted till further order. For any other relief/reliefs for which the petitioner is found entitled to."

3. Learned counsel for the petitioner submitted that the

blacklisting order dated 29.07.2020 has been passed without

adhering to the basic and mandatory principle of natural justice as

he was not given reasonable opportunity to show cause. It was

submitted that though the show cause was asked from him on

23.07.2020 requiring him to file his reply by 26.07.2020, due to

the COVID-19 situation prevailing, he made a request on

26.07.2020 to allow him further two weeks' time to file reply. It

was submitted that no order was passed on the same and the

matter was kept pending and suddenly the final order dated

29.07.2020 has been passed by which the petitioner has been

blacklisted.

4. Learned counsel for the Corporation fairly submitted

that on facts, it is not disputed that on the last day on which the

petitioner was required to submit his reply, he had given his

application praying for further two weeks' time on which no order

was passed and the final order of blacklisting has been passed.

5. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

finds that the application has to be allowed on the short point of Patna High Court CWJC No.8177 of 2020 dt.25-03-2021

there being violation of the principles of natural justice. The

petitioner being given a show cause and a time fixed for

submitting reply, did file an application, though asking for

extension of time, but the date on which the same was filed

admittedly was the period where there were circumstances beyond

control due to the COVID-19 Pandemic and the prayer for time of

two weeks, in the considered opinion of the Court, was

reasonable. Moreover, no order was passed on his request and

suddenly, the authorities passing final order of blacklisting cannot

be sustained.

6. Accordingly, the application is allowed. The

impugned order dated 29.07.2020 is quashed. The matter is

remanded to the authorities, to take a fresh decision with regard to

proceeding against the petitioner in the matter. However, the Court

would only indicate that if the authorities propose to proceed in

the matter, the petitioner would be given due and reasonable

opportunity to show cause and after considering the show cause

and also an opportunity of personal hearing, if so desired by him,

final order shall be passed.

7. As has been agreed between learned counsel for the

parties, the Corporation shall take a call on whether to proceed or

not against the petitioner within one month from today. If the Patna High Court CWJC No.8177 of 2020 dt.25-03-2021

same is done, the petitioner shall be given time of at least three

weeks to submit his reply. Learned counsel for the petitioner

undertakes that he shall submit his reply within the three weeks'

time period granted to him. Thereafter, the authorities, if a request

is made by the petitioner, shall give him an opportunity of hearing

within the next two weeks. Upon such exercise being completed,

the authorities shall pass final order in the matter within three

weeks thereafter.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T