Patna High Court
Hari Mohan Bishwas vs Bihar State Educational ... on 3 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10082 of 2021
======================================================
Hari Mohan Bishwas, a Proprietorship firm through its Proprietor Hari
Mohan Bishwas, aged about 45 Yrs, (Male), Son of Sri Sagam Lal Bishwas,
Resident of Village- Bharra, Post Office- Kalsar, P.S.- Dandkhora, Anchal-
Hasanganj, Distt.- Katihar- 854337.
... ... Petitioner/s
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 Campur, 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.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chiranjiva Ranjan, Advocate
Mr. Sanjay Kumar, Advocate
For the Respondent/s : Mr. Girijish Kumar, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE SANJEEV PRAKASH
SHARMA
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 03-01-2022
Patna High Court CWJC No.10082 of 2021 dt.03-01-2022
Petitioner has prayed for the following relief/s :-
Patna High Court CWJC No.10082 of 2021 dt.03-01-2022
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
cause issued by the authority to the petitioner. Annexure 4 is
the notice to show cause dated 12th of 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;
Patna High Court CWJC No.10082 of 2021 dt.03-01-2022
(c) Petitioner shall fully co-operate and not take any
unnecessary adjournment;
(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, if need so
arises subsequently.
Since the amount of security deposit already stands
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)
Ashwini/PKP
AFR/NAFR
CAV DATE
Uploading Date 06.01.2022
Transmission Date
