Patna High Court
Hari Mohan Bishwas A ... vs Bihar State Educational ... on 3 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10050 of 2021
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Hari Mohan Bishwas a Proprietorship firm through its Proprietor Hari Mohan
Bishwas, aged about 45 yrs. (Male), Son Son of Sri Sagam Lal Bishwas,
Resident of Village - Bharra, Post office - Kalsar, P.S. - Dandkhora, Anchal -
Hasanganj, Distt- Katihar - 854337 ... Petitioner
Versus
1. Bihar State Educational Infrastructure Development Corporation Ltd. A
Govt. of Bihar Undertaking (B.S.E.I.D.C) office at Shiksha Bhawan, Bihar
Rastrabhasa Prishad Campus, Acharya Shivpujan Sahay Path, Saidpur,
Patna- 800004, through its Managing Director, Sri Sanjay Kumar Singh.
2. The Managing Director, B.S.E.I.D.C. at Patna.
3. The Chief Engineer, B.S.E.I.D.C. at Patna.
4. The Executive Engineer, B.S.E.I.D.C. Purnia.
5. the Junior Engineer B.S.E.I.D.C. Purnia.
6. Manoj Kumar Pandey, the then Executive Engineer, B.S.E.I.D.C., Purnia.
7. Mukesh Kumar, the then Junior engineer B.S.E.I.D.C., Purnia.
... Respondents
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Appearance :
For the Petitioner : Mr. Chiranjiva Ranjan, Adv.
For the Respondents : Mr. Girijish Kumar, Adv.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE SANJEEV PRAKASH
SHARMA
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 03-01-2022
The petitioner has prayed for the following reliefs :
"(i) To issue an appropriate writ(s), order(s) in the
nature of writ of Mandamus holding and declaring that
the action of the Respondents for rescinding the
Contract (USSS-80) of the petitioner vide notice memo
letter no. BSIEDC/TECH/135/2019 - 1005 dated
12.02.2021 (as contained in Annexure 4) without giving
any opportunity of hearing to the petitioner, is in
violation of Articles 14, 16 and 19(I)(g) of the
Patna High Court CWJC No.10050 of 2021 dt.03-01-2022
Constitution of India and be pleased to quash and set
aside the rescinding order as well as forfeiture of
performance security issue vide letter no.
BSIEDC/TECH/289/2019 -Vol-I-1498 dated
05.03.2021 (as contained in Annexure 6).
(ii) To issue a writ of prohibition in favour of the
petitioner, prohibiting the Respondents from taking any
coercive action against the petitioner company without
following the due process of law and without adhering
to the principles of natural justice.
(iii) Pending admission, hearing and/or final disposal of
this petition, this Hon'ble Court be pleased to stay the
execution, operation and implementation of the
rescinding notice issue vide memo letter no.
BSIEDB/TECH/135/2019 - 1005 dated 12.02.2021
issued by the Respondent no. 3.
(iv) Pending admission, hearing and/or final disposal of
this petition, this Hon'ble Court may be pleased to
direct the respondent from taking any coercive action
against the petitioner from rescinding/terminating the
contract of the petitioner without following the due
process of law or without following the principles of
natural Justice.
(v) Such other and further relief as this Hon'ble Court
may deem just, fit and expedient be granted in favour of
the petitioner."
From the paper book it is quite apparent that the
impugned order/communication dated 05.03.2021 was
passed/issued prior to the time stipulated in the notice to show
Patna High Court CWJC No.10050 of 2021 dt.03-01-2022
cause issued by the authority to the petitioner. Annexure 4 is the
notice to show cause dated 12th February, 2021 asking the
petitioner to show cause as to why proceedings under Clause 3 of
the contract be not initiated. However, as is evident from the
postal receipt (page 38), the said notice was received only on 27th
of February, 2021.
Whether petitioner was having sufficient time to respond
thereto or not, without going into this issue we are of the
considered view that the interest of justice would lie asking the
authority to pass a fresh order, after affording opportunity to the
petitioner to place on record material in support of his defence and
pass a fresh order after hearing all concerned.
As such, we dispose of present petition on the following
mutual agreeable terms :
(a) Impugned order/communication dated 5th of March,
2021, (Annexure 6 at page 41) is quashed and set aside;
(b) Petitioner shall appear before the appropriate
authority on 12th of January, 2022 on which date petitioner shall
place on record entire material in support of his defence;
(c) Petitioner shall fully co-operate and not take any
unnecessary adjournment;
Patna High Court CWJC No.10050 of 2021 dt.03-01-2022
(d) Appropriate authority will consider and decide all
questions of fact and law expeditiously and positively within a
period of four weeks thereafter;
(e) All questions of fact of law are left open and
(f) Liberty reserved to the petitioner to seek appropriate
remedy before the appropriate forum, a need if so arise
subsequently.
Since the amount of security deposit already stand
forfeited, till such time a decision is taken, the same shall not be
refunded to the petitioner.
Interlocutory application(s), if any, also stand disposed
of.
(Sanjay Karol, CJ)
( Sanjeev Prakash Sharma, J)
Shamshad/KC
Jha
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 05.01.2022
Transmission Date NA
