Patna High Court
M/S Om Surgical Industries vs The State Of Bihar on 23 June, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8609 of 2023
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M/s Om Surgical Industries a Partnership firm, having its Office at 7.7. KM
Stone, Village and Po Titolo, Jhind Road, Rohtak, 124001 Haryana, through
its Partner Ajay Goyal, aged about 52 Years (Male), Son of Tilak Raj Goyal,
Resident of House No. 227 F, Near Medical Mor, Medel Town P.S. Rohtak
City, District Rohtak, Haryana 124001
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secreary, Department of Health,
Government of Bihar, 1st Floor Vikas Bhawan, Bailey Road, Patna.
2. The Principal Secretary, Department of Health, Government of Bihar, 1st
Floor Vikas Bhawan, Bailey Road, Patna.
3. Bihar Medical Service and Infrastructure Corporation Limited, Through its
Managing Director, 4th Floor, State Building Construction Corporation
Limited, Hospital Road, Shastri Nagar, Patna 800023.
4. The Managing Director, Bihar Medical Service and Infrastructure
Corporation Limited, 4th Floor, State Building Construction Corporation
Limited, Hospital Road, Shastri Nagar, Patna 800023.
5. The Chief General Manager (Supply Chain), Bihar Medical Service and
Infrastructure Corporation Limited, 4th Floor, State Building Construction
Corporation Limited, Hospital Road, Shastri Nagar, Patna 800023.
6. The General Manager (Procurement), Bihar Medical Service and
Infrastructure Corporation Limited, 4th Floor, State Building Construction
Corporation Limited, Hospital Road, Shastri Nagar, Patna 800023.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Suraj Samdarshi, Advocate
Mr. Avinash Shekhar, Advocate
For the Respondent/s : Mr. Vikas Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 23-06-2023
The instant petition has been filed for following reliefs:
i) To issue an appropriate writ, order or
direction in the nature of Certiorari for quashing
Patna High Court CWJC No.8609 of 2023 dt.23-06-2023
memo bearing no. BMSIC/40030/34-2023/10100
dated 21.03.2023 (Annexure-13) issued by the
Respondent Managing Director whereby and
whereunder the Petitioner has been black-listed
for absorbent cotton IP 500 gm for a period of two
years and the Security Deposit of has been
forfeited.
ii) Consequent to grant of relief no (I),
the petitioner prays for issuance of a writ in the
nature of mandamus directing the Respondents to
remove the order of blacklisting from their official
website i.e. http://bmsicl.gov.in
iii) This Hon'ble Court may adjudicate
and hold that an order of blacklisting, which
entails grave civil consequence, cannot be passed
without issuing a specific show-cause in this
regard.
iv) This Hon'ble Court may further
adjudicate and hold that the impugned order of
blacklisting is violative of the principles of nature
justice inasmuch as the show-cause reply of the
petitioner has not been considered.
v) This Hon'ble Court may adjudicate
and hold that the Respondents were duty bound to
consider the show-cause reply submitted by the
petitioner.
vi) This Hon'ble Court may further
adjudicate and hold that the impugned order of
blacklisting has been passed in a mechanical
manner without application of mind.
Patna High Court CWJC No.8609 of 2023 dt.23-06-2023
Vii) This Hon'ble Court may further
adjudicate and hold that he action of the
Respondent Authorities, in blacklisting the
petitioner for absorbent cotton IP 500 gm for a
period of two years is complete arbitrary exercise
of authority / power.
Viii) To grant any other relief or reliefs
which the Petitioner may be found entitled to in
the facts and circumstances of the case."
The petitioner has been black-listed for two years and further
forfeiture of security deposit. The petitioner was served with three notices
on 03.02.2023; 17.02.2023; and 15.03.2023 for which the petitioner has
submitted his reply on 13.02.2023; 25.02.2023 and 28.03.2023, whereas in
the impugned order dated 21.03.2023 there is no reference to all the show-
cause notices and reply of the petitioner. In other words, the present
impugned order dated 21.03.2023 is bereft of reasons in not considering the
petitioner's reply to the respective show-cause notices said supra. The
overall view is that the present impugned order is a non-speaking order.
Therefore, the petitioner has made out a case.
2. Accordingly, Annexure - 13 stands set aside.
3. Writ petition is allowed, reserving liberty to the Managing
Director to pass a fresh order after due consideration of all the three show-
cause notices and reply of the petitioner and proceed to pass speaking order
after due consideration of each of the contention stated by the petitioner in
his reply and communicate the decision. The above exercise shall be
Patna High Court CWJC No.8609 of 2023 dt.23-06-2023
completed within a period of three months from the date of receipt of a
copy of this order.
4. The petitioner is also at liberty to file additional material or
reply, if any, within a period of one week from today.
5. The Managing Director is hereby directed to take note of the
additional material information or statement of facts which would filed, if
any by the petitioner.
(P. B. Bajanthri, J)
( Jitendra Kumar, J)
skm/-
AFR/NAFR NAFR
CAV DATE
Uploading Date 26.06.2023
Transmission Date
