Patna High Court
M/S Arvind Kumar vs The State Of Bihar on 24 January, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16687 of 2019
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M/s Arvind Kumar Age-52 yrs, S/o Lt. Yogeshwar Prasad Singh, R/o Flat
No.-401, Shakuntla Enclave, Sahjanand Path, Patel Nagar, Patna-23
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Building Construction Department,
Govt. of Bihar, Bishwashraiya Bhawan, Bailey Road, Patna.
2. The Engineer-in-chief, Building Construction Department, Govt. of Bihar,
Bishwashraiya Bhawan, Bailey Road, Patna
3. The Chief Engineer, North, BCD, Bishwashraiya Bhawan, Bailey Road,
Patna.
4. The Superintendent Engineer, Building Circle, Motihari.
5. The Executive Engineer, Building Construction Department, Building
Division, Motihari (East Champaran).
... ... Respondent/s
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Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Chitranjan Sinha (PAAG 2)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 24-01-2023
Petitioner has prayed for the following relief(s):
"i. For quashing the impugned order of debar
issued by Ex. Eng, BCD Motihari Vide letter no-796 dt-
14.06.2017, the general list of debar in which petitioner
name on serial no-9 for unlimited period without
authority or any work allotted/delayed and without any
show cause notice and the Ex. Eng. forwarded to the
chief engineer, North vide his letter no-882 (vuq0) eksfr0 dt-
03.07.2019 and the Chief Engineer, North directed to I.T
manager to upload on the departmental website vide his
letter no-1720 dt-18.07.2019 by which debarred the
Patna High Court CWJC No.16687 of 2019 dt.24-01-2023
petitioner from participation in future tenders without
authority or no any work having any deliberate default of
the Petitioner and unfortunately the Respondent no-5 has
debarred without authority and any work vide his letter
no-796 dt-14.06.2017 and informed to the chief engineer,
North who directed to I.T Manager to upload the list of
debar on the departmental website with effect since
14.06.2017 whether no any work was delayed due with
the petitioner. The petitioner drew attention of Ex. Eng
and all respondents to delist his name from website
because no any work was due & delayed with petitioner.
ii. For quashing the show cause notice dt-
12.10.18 and 06.04.19 because the petitioner was
recently awarded the work of Block IT centre building at
Harsidhi block in the district of East Champaran on
28.03.2018 for its completion of one year 25.03.2019 but
due to drawing & design, many tree plants are available
on site, the work could not be started because removal of
this tree plants are required for the permission of
concerned department which was permitted and removed
in the month of Oct. 2018 and work started in Nov 2018
which was informed within time to time to the
respondents and now due to heavy rain/flood work is
stopped. There is no deliberate default of the petitioner to
complete the above work. The petitioner has completed
more than 35%. Thus the principle of natural justice is
violated also, moreover unless a third adjudicatory may
not decide the laps no order affecting adversely against
the Petitioner could be passed as held in NCC judgment
passed by the Hon ble court, which has been upheld by
the Division bench also, even then the order of debar has
not been recalled despite repeated representation/s till
Patna High Court CWJC No.16687 of 2019 dt.24-01-2023
date and is continuing which is affecting the petitioner
adversely, hence the order of debar may be quashed
iii. For restraining the respondents to deduct
the penalty @ 10% form the gross bill of the petitioner
for which petitioner is not guilty because clear site/
drawing & design not made available till last week of
Oct. 2018.
iv. For holding that the order of debar could
not be passed after completion of more than 80% work
pursuant to Memo no. 2131 dated 13.03.2009 issued by
the RCD commissioner, Bihar, Patna wherein issuance of
show cause notice and its consideration is made
mandatory, but in the present case petitioner was
debarred against no any work with effect since
14.06.2017 without authority for unlimited period. The
request to delist his name from debar list showing
sufficient reasons has not been considered and in
violation of the Natural Justice, the impugned debar
order has been passed which may be quashed allowing
the petitioner to participate in the tenders.
and other department concerned not to disqualify or
cancel the tenders submitted by the petitioner if any, till
disposal of the case.
vi. For change completion period of the work
for 01.12.2018 to 31.03 2019 because due heavy rain &
flood work may not be done in this three month from
July 19 to Sept. 2019 and refund the deducted EOT
penalty @ 10%.
vii. For granting any other relief/s to the
petitioner to allow to participate in the tender for which
the petitioner be found entitled in the eye of law."
Patna High Court CWJC No.16687 of 2019 dt.24-01-2023
On 06.12.2022, we had passed the following order:
"Despite repeated calls, no one enters
appearance on behalf of the petitioner.
In the interest of justice, matter is adjourned.
List on 24.01.2023, in the category of "Order
Matters"."
Even today, none has entered appearance on behalf of
the petitioner.
As such, the present petition stands dismissed for
default.
(Sanjay Karol, CJ)
( Partha Sarthy, J)
Saurabh/Sujit
AFR/NAFR
CAV DATE
Uploading Date 26.01.2023
Transmission Date
