Parmar Enterprises vs The State Of Bihar
2023 Latest Caselaw 1086 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.3280 of 2023
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Parmar Enterprises through its Partner Kripakant Singh, aged about- 51 years, Male, son of Ramashish Singh, resident of Ward No. 12, near Mother Teresa School, Chinvaniya, Motihari, P.S. Paharpur, District East Champaran, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Rural Works Department, Government of Bihar, Patna.

2. The Engineer-In- Chief, Rural Works Department, Government of Bihar, Patna.

3. The Chief Engineer-4-cum- Nodel Officer, Rural Works Department, Government of Bihar, Patna.

4. The Chief Engineer- 3, Rural Works Department, Government of Bihar, Patna.

5. The Superintending Engineer, Rural Works Department, Works Circle, Motihari, District- Motihari, Bihar.

6. The Executive Engineer, Rural Works Department, Works Division, Areraj, District East Champaran, Bihar.

7. Shankar Sharan Mishra, son of not known to the petitioner, resident of Village Slaha, Post Slaha, Via Govindganj, District Motihari, Bihar 845411.

... ... Respondent/s ====================================================== Appearance :

     For the Petitioner/s   :       Mr. Prabhat Ranjan, Advocate
                                    Mr. Chandan Kumar, Advocate
     For the Respondent/s   :       Mr. Ajay, GA 5

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 21-03-2023

Heard learned counsels for the respective parties.

2. In the instant petition, petitioner has prayed for the

following relief/reliefs:

"i. Quashing of the order dated 07.07.2021 as contained in letter No. 1966 to the extent it relates to Patna High Court CWJC No.3280 of 2023 dt.21-03-2023

the petitioner by which come without issuing a notice to the show cause, and contrary to the terms of the agreement without any authority of law and without any jurisdiction the petitioner has debarred from participating in the future contract for an ad infinite period.

ii. Quashing of the consequential order dated 11.01.2023 passed by the Engineer-in-Chief (Respondent No. 2) as communicated by letter No. 194 dated 11.01.2023 whereby, the appeal/representation filed on behalf of the petitioner pursuant to the matter being remanded under the order of this Hon'ble Court has been rejected and the earlier order debarring/black listing the petitioner has not been interfered with and thus, stands confirmed; and iii. Restraining the respondent from giving effect to the order of debarment as a disqualification from participating in the future tenders during the pendency of the present writ petition and/or without the leave of this Hon'ble Court."

3. This is the second round of litigation by the petitioner.

Earlier this Court passed a detailed order and remanded the matter

for fresh consideration. The petitioner is stated to have been

provided oral opportunity as well as written opportunity. In the

written submission at Annexure - 2 dated 08.09.2022, the

petitioner has specifically taken the contention that he is

forwarding a chart of maintenance work and its payment and it is

with reference to record. Without there being a reference or a

discussion whether such chart and payments made thereon are true Patna High Court CWJC No.3280 of 2023 dt.21-03-2023

facts or not has not been analyzed and discussed in the impugned

communication dated 11.01.2023.

4. Despite repeated judicial orders being passed in number

of cases, the authorities have failed to take note of how to consider

any matter with reference to opportunity to be provided to

aggrieved persons. This Court has come across in umpteen

number of cases that the authorities are repeatedly committing the

same error which results in multiple litigations. In fact, it is to be

noted that State is one of the biggest litigants before judicial

forum. In this regard, the Chief Secretary of the State of Bihar is

hereby directed to take note of that the authorities are committing

same error in not providing opportunity and in not considering

each of the contentions raised against show cause notice. In other

words, State respondents are of the view that it is only an empty

formality of issuing show cause notice and obtaining reply and

they proceed to pass order ignoring the material information filed

against the show cause notice.

5. Accordingly, writ petition stands allowed with a Cost of

Rs. 10,000/- (Rupees Ten Thousand). Cost shall be remitted in the

Patna High Court Legal Services Committee within a period of

four weeks from today.

Patna High Court CWJC No.3280 of 2023 dt.21-03-2023

6. Reserving liberty to the concerned authority to pass

afresh order after due consideration of each of the contention

stated by the petitioner in his reply at Annexure - 2 in particularly

chart of maintenance work and its payment so as to analyze

whether is there any deficiency in maintenance of work on behalf

of petitioner or not? To that extent, speaking order shall be passed

and communicated to the petitioner within a period of three

months from today.

7. At this juncture, learned counsel for the petitioner

submitted that the detailed show cause notice has not been made

available. In such an event, concerned authority is hereby directed

to prepare a detailed show cause notice with material information

within a period of one month from the date of receipt of this order.

Thereafter, petitioner is permitted to file his say on the detailed

show cause notice along with material produced to him within a

period of one month from the date of receipt of such show cause

notice and conclude the proceedings within three months.

(P. B. Bajanthri, J)

( Arun Kumar Jha, J) GAURAV S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          24.03.2023
Transmission Date       NA