Patna High Court
M/S Centum Learning Limited vs The State Of Bihar on 22 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11616 of 2023
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M/s Centum Learning Limited Having its Place of Business at Nishuvi,
Ground Floor, 75, Dr. Annie Besant Road, Worli, Mumbai-400018, through
its authorized Signatory namely Mr. Virender Singh Rawat Son of Mr. Mohan
Singh Rawat Resident of House No-72, Gali No-3, Block-B, Uttrakhand
Shastri Park Part 1, Burari, North Delhi, Delhi-110084.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Labour
Resources, Govt. of Bihar, Patna.
2. The Principal Secretary, Bihar Skil Development Mission, Govt. of Bihar,
Patna.
3. Additional Chief Executive Officer, Bihar Skil Development Mission,
Labour Resources Department, Govt. of Bihar,
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Lalit Kishore, Sr. Advocate
Mr. Kumar Priya Ranjan, Advocate
Ms Nirmala Singh, Advocate
Mr. Anshul Rai, Advocate
Mr. Girish Nandan Abhishek, Advocate
Mr. Vibhuti Kumar, Advocate
For the Respondent/s : Mr. Amit Prakash (GA 13)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 22-08-2023
In the instant petition, petitioner has prayed for the
following reliefs:-
"(a) For issuance of a writ in the
nature of certiorari for quashing the
impugned letter dated 26.05.2023 issued by
the additional chief executive officer, Bihar
Skill Development Mission, Labour Resources
Department, Government of Bihar as the
same is against the principles of natural
Patna High Court CWJC No.11616 of 2023 dt.22-08-2023
justice and against the express provisions of
tender/request for proposal;
(b) For further restraining the
respondents from depriving the petitioner or
in any manner affecting the participation of
the petitioner in any of the tenders invited by
any Government department of the state of
Bihar and any of the corporation or company
etc in light of the impugned letter as the same
is illegal, arbitrary and violative of prinicples
of natural justice;
(c) For holding and a declaration
that the impugned letter dated 26.05.2023
inflicting punishment of debarment of the
petitioner for a period of three years from the
date of issuance of the said letter ought to
have dealt with the reply submitted by the
petitioner vide its letter dated 24.05.2023 and
a speaking order should have been passed
dealing with each and every contention of fact
as well as law incorporated in the said reply
and in absence of which the impugned letter
from the error of violation of principles of
natural justice for being nonspeaking and
unreasoned.
(d) For further holding and a
declaration that the impugned office order
having not dealt with the issues of facts as
well as law raised by the petitioner may not
be allowed to sustain in the eyes of law as the
same has drastic consequences of suspending
the whole business activity of the petitioner as
it will be debarred for a period of three years
for applying in any tender of Bihar Skill
Development Mission which is violative of the
Fundamental Right of the petitioner for
freedom of trade and profession in terms of
Article 19(1)(g) of the Constitution of India;
Patna High Court CWJC No.11616 of 2023 dt.22-08-2023
(e) For grant of any other relief or
reliefs to which the petitioner is found entitled
to in the facts and circumstances of the case."
2. Learned counsel for the petitioner submitted that
petitioner's grievance has not been redressed in the impugned letter
dated 26.05.2023 in the light of show cause notice at Annexure-
P/10 dated 11.05.2023 read with the petitioner's reply dated
24.05.2023.
3. It is submitted that in terms of point no. 6.5 and 6.6 of
page 19 of the RFP each partner of the Consortium is entitled to
show cause notice and other formalities if adverse order is required
to be passed by the official respondents. Prima facie, the
petitioner's objection/reply dated 24.05.2023 has not been
considered insofar as debarring to work under any kind of
programme under BSDM for a period of three years from the date
of issuance of letter dated 26.05.2023.
4. Per contra, learned counsel for the respondents fairly
submitted that petitioner's reply dated 24.05.2023 has not been
dealt in the communication dated 26.05.2023 vide Annexure-P12.
It is also submitted that grievance of the petitioner is only in
respect of debarring for a period of three years and rest of the
issues have not been challenged.
5. Heard learned counsels for the respective parties.
Patna High Court CWJC No.11616 of 2023 dt.22-08-2023
6. Having regard to the fact that petitioner's reply to
show cause notice dated 11.05.2023 read with reply dated
24.05.2023 has not been taken note of and considered while
passing order on 26.05.2023 (Annexure-P/12), the petitioner has
made out a case. No doubt, petitioner is one of the partners.
However, he has to be heard in the light of point 6.5 and 6.6 of
Page 9 of the RFP. It is necessary to reproduce para 6.5 and 6.6 of
page 19 of the RFP which clearly states as below:-
"6.5 All the partners of the
Consortium shall be jointly and
severally liable for the execution of the
contract in accordance with contract
terms, and a relevant statement to this
effect shall be included in the
authorization mentioned above as well
as in the Form of tender and the Form
of Agreement (in case of a successful
bidder).
6.6 In the event of default,
All the partners of the Consortium will
retain the full and undivided
responsibility for the performance of
their obligations under the contact
and/or for satisfactory completion of
the work."
7. Reading of the aforementioned provision, it appears
that it does not restrict issuance of show cause notice to lead
partner. On the other hand, all the partners of the Consortium have
to bear responsibility. Therefore, individual notice is required to be
issued to the respective partners and issuing notice to lead partner
Patna High Court CWJC No.11616 of 2023 dt.22-08-2023
and marking a copy to the respective partners would not suffice.
On this score, petitioner has made out a case so as to interfere with
the communication dated 26.05.2023 vide Anneuxre-P/12 and it is
set aside reserving liberty to the respondents to proceed further in
accordance with the relevant clause of RFP before taking any
action insofar as debarring to work under any kind of programme
of BSDM. The above exercise shall be completed within a period
of three months from the date of receipt of this order.
8. Accordingly, the present writ petition stands allowed.
(P. B. Bajanthri, J)
(Arun Kumar Jha, J)
Vikash/-
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