The State Of Bihar Through The ... vs Rajesh Kumar
2021 Latest Caselaw 4559 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Letters Patent Appeal No.74 of 2021
                                           In
                     Civil Writ Jurisdiction Case No.13112 of 2018

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

1. The State of Bihar through the Principal Secretary, Public Health

Engineering Department, Government of Bihar, Patna.

2. The Engineer-in-Chief, Public Health Engineering Department, Government

of Bihar, Secretariat, Bihar, Patna.

3. That Chief Engineer (Design), Public Health Engineering Department,

Government of Bihar, Patna.

4. The Regional Chief Engineer, Public Health Engineering Department,

Government of Bihar, Patna.

5. The Superintendent Engineer, Public Health Engineering Circle, Motihari.

6. The Executive Engineer, Public Health Engineering Division, Bettiah.

... ... Appellant/s

Versus

Rajesh Kumar, Son of Sri Narendra Kumar Pandey, Resident of Gupta Market, Near Alpana Market, Patliputra Colony, P.S.-Patliputra, District- Patna.

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

For the Appellant/s : Mr. Vishwambhar Prasad, Advocate Mr. S. Raza Ahmad, AAG-5 Mr. Alok Ranjan,AC to AAG-5 For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 09-09-2021

The appellant has prayed for the following relief/s :- Patna High Court L.P.A No.74 of 2021 dt.09-09-2021

Patna High Court L.P.A No.74 of 2021 dt.09-09-2021

We do not find any reason sufficient enough to interfere

with the impugned order dated 07.11.2019 passed by the learned

Single Judge in CWJC No. 13112 of 2018, titled as Rajesh Kumar Patna High Court L.P.A No.74 of 2021 dt.09-09-2021

Vs. The State of Bihar & Ors.

The action of the authority was found to be illegal

inasmuch as no opportunity of hearing was afforded to the private

party before passing the order, entailing civil consequences, whereby

the party was debarred from participation in future tender.

The party may have been defaulted in executing the work

but then Department did not initiate action in terms of the agreement

and straightway, without notice, passed a stereo type order with

respect to 59 contractors, including the private respondent herein,

debarring them from participating in work to be allotted by the State.

The cost of Rs.15,000/- imposed upon the State cannot be

said to be disproportionate or on the higher side.

As such, the appeal stands dismissed.

Interlocutory application, if any, shall also stand dismissed.

(Sanjay Karol, CJ)

( S. Kumar, J) Ashwini/Sujit/ AFR/NAFR CAV DATE Uploading Date 15.09.2021 Transmission Date