Patna High Court
Gauri Shankar Pradhan vs The State Of Bihar on 1 May, 2024
Author: Harish Kumar
Bench: Chief Justice, Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7322 of 2024
======================================================
Gauri Shankar Pradhan Son of Sri Permanand Pradhan, Proprietor M/s Gauri
Electric Stores, Light, Sound and Tent, Lohia Chauk, P.O. and P.S. - Benipatti,
District - Madhubani, at present Resident of village - Mahmadpur, P.O. -
Depura, P.S. - Benipatti, District - Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through Commissioner, Darbhanga.
2. The Deputy Election Officer, Madhubani.
3. The Commissioner, Darbhanga Pramandal, Darbhanga.
4. The District Panchayat Raj Officer, District - Madhubani.
5. The District Magistrate-cum-District Election Officer (N.P.), District -
Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Ranjan Sinha, Advocate
For the Respondent/s : Mr. Government Pleader-6
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE HARISH KUMAR)
Date : 01-05-2024
Heard the parties.
2. The petitioner, proprietor of M/s Gauri Electric
Stores, Light, Sound and Tent, Lohia Chauk, Madhubani, on
being aggrieved by the order of blacklisting dated 09.11.2023
passed by the District Election Officer-cum-District Magistrate,
Madhubani has preferred the present writ petition by invoking
the equitable jurisdiction of this Court under Article 226 of the
Patna High Court CWJC No.7322 of 2024 dt.01-05-2024
2/6
Constitution of India.
3. Apart from the writ petition being evasive, there is
no substantial statements in support of the relief sought for in
the writ petition. Even the impugned order of blacklisting dated
09.11.2023
has not been annexed in the main writ petition.
When the matter is taken up, it has been informed to this Court
that an interlocutory application is going to be filed bringing on
record the impugned order of blacklisting, which is put to
challenge in the present writ petition. The copy of the
interlocutory application is taken on record.
4. Learned Counsel for the petitioner while assailing
the impugned order of blacklisting dated 09.11.2023 has
contended that pursuant to a tender notice, the petitioner, on
being selected, has been assigned the work of providing food,
snacks and tea on the occasion of Municipal Election, 2023 to
the Officers/Employees of the Election Office/Cell in the
Collectorate Office of Madhubani.
5. In the light of the work order, the petitioner had
supplied snacks and tea. On account of the food and beverages
not being of good quality, notices were issued to the petitioner
to ensure that the quality of the food and beverages are
Patna High Court CWJC No.7322 of 2024 dt.01-05-2024
improved. Despite repeated notices and the directions by the
Returning Officer-cum-Deputy Development Commissioner, no
improvement has been brought about. In the aforesaid premise,
recommendation was made for blacklisting of the petitioner's
firm.
6. In the light of the recommendations as contained in
Memo No. 948 dated 03.07.2023 issued by the Deputy
Development Commissioner, a show-cause notice has been
issued, however, it has not been responded to by the petitioner.
A reminder show-cause notice has again been served to the
petitioner directing him to submit his clarification/reply within a
week.
7. In response to the aforesaid show-cause notice, the
petitioner submitted his clarification on 29.08.2023, stating
therein that on account of ill health of his wife, he is engrossed
with her medical treatment due to which some mistake has
occurred. Despite his best effort to provide standard quality of
food and beverages there may be some lapses, but it was not
intentional or it might have been occurred on account of the
negligence of the labours/cook, who are engaged in providing
the food and beverages.
Patna High Court CWJC No.7322 of 2024 dt.01-05-2024
8. A show-cause reply of the petitioner was duly
scrutinized by the District Election Officer-cum-District
Magistrate, Madhubani. Having found the reply of the petitioner
evasive and baseless, the respondent No. 5 rejected the same
and passed the impugned order of blacklisting for a period of
three years. Besides the order of blacklisting, the petitioner has
also been inflicted with the penalty of deducting 90 per cent of
his bill amount.
9. We have perused the impugned order dated
09.11.2023 passed by the District Election Officer-cum-District
Magistrate, Madhubani, which order is passed after considering
the show-cause reply of the petitioner. Thus, the plea of the
petitioner that the impugned order has been passed without
giving proper opportunity of hearing and behind his back is not
sustainable. The impugned order is preceded by show-cause
notices and the petitioner has been allowed adequate
opportunity to rebut the same, however, the reply of the
petitioner did not find favour. The fact also remains that the
petitioner admitted to the defects and expressed his inability to
rectify the defects.
10. This Court also finds that several letters and
Patna High Court CWJC No.7322 of 2024 dt.01-05-2024
reminders have been given to the petitioner directing him for
improvement of quality of the food and beverages but the same
has not been done. Instances have also been highlighted where
apart from the sub-standard food and beverages, at one place
cockroach was found in the snacks. This clearly demonstrates
sheer negligence and failure on the part of the petitioner to
provide quality food and beverages. Even in the reply, the
petitioner admitted that he cannot deny that on account of he
being engrossed in the treatment of his wife, some dereliction
might have taken place in providing good and quality food and
beverages.
11. Considering the aforesaid facts, especially the
petitioner having been assigned the duty to provide food and
beverages to the Officers/Employees of District Election Office,
any failure on his part in providing quality food and beverages
cannot be taken so lightly the action taken cannot be assailed.
Non adherence to quality and food hygiene can results in food
contamination, infections and other health issues. The contract
is also for supply of food and beverages to the election officials
engaged in the ongoing process of the massive general elections
which is also time bound.
Patna High Court CWJC No.7322 of 2024 dt.01-05-2024
12. In view of the aforesaid facts, this Court does not
find any infirmity in the impugned order, warranting
interference. Accordingly, the present writ petition, sans any
merit, is fit to be dismissed.
(K. Vinod Chandran, CJ)
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 03.05.2024.
Transmission Date NA
