Patna High Court
Jai Prakash Chandra vs The Bihar State Educational ... on 7 May, 2024
Bench: Chief Justice, Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.321 of 2024
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Jai Prakash Chandra Son of Sri Sakaldeep Rai, Resident of Sanjay Nagar,
Road No. 06, P.S.- Jakkanpur, District- Patna, Bihar.
... ... Petitioner/s
Versus
1. The Bihar State Educational Infrastructure Development Corporation
Limited (A Government of Bihar Undertaking) Siksha Bhawan, Bihar
Rashtrabhasha Parishad Campus, Acharya Shivpujan Sahay Path, Saidpur,
Patna through its Managing Director.
2. The Managing Director, Bihar State Educational Infrastructure Development
Corporation Limited (A Government of Bihar Undertaking) Siksha Bhawan,
Bihar Rashtrabhasha Parishad Campus, Acharya Shivpujan Sahay Path,
Saidpur, Patna.
3. The Chief Engineer, Bihar State Educational Infrastructure Development
Corporation Limited (A Government of Bihar Undertaking) Siksha Bhawan,
Bihar Rashtrabhasha Parishad Campus, Acharya Shivpujan Sahay Path,
Saidpur, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan, Advocate
For the Respondent/s : Mr. Girijish Kumar, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 07-05-2024
The petitioner is aggrieved by the fact that Annexure
P/5, show cause dated 25.01.2023 was not issued in his address.
The petitioner challenges Annexure-P/4, blacklisting order on
the ground that the show cause notice was never received by
him.
2. By order dated 05.03.2024, we directed the learned
Counsel appearing for the respondents to produce some
Patna High Court CWJC No.321 of 2024 dt.07-05-2024
evidence as to the service of notice effected and also the address
which was projected by the petitioner in the tender documents.
3. A supplementary counter affidavit has been filed
producing Anneuxre-R/3E series which are the documents
submitted by the petitioner himself. The address shown in the
bid submitted is that in which the show cause notice was sent; as
seen from Anneuxure-P/5. The Learned Counsel for the
petitioner then submits that his registration certificate has a
different address as is evident from Annexure P/2.
4. Admittedly, the registration was obtained even
before the tender submission. In such circumstances, there is
absolutely no reason why the petitioner should not be addressed
in the address shown in the tender documents.
5. As far as service is concerned, the learned Counsel
for the respondents submits that it was sent to the e-mail I.d. of
the contractor, again as evidenced from the document submitted
by the tenderer. The e-mail sent to him with the show cause
notice is produced as Annexure R3/G.
6. In such circumstances, we do not think that the
petitioner has a valid case to challenge the order of blacklisting
passed on the ground of violation of principles of natural justice.
However, the petitioner is left remedy to approach the appellate
Patna High Court CWJC No.321 of 2024 dt.07-05-2024
authority and he would be entitled to file an appeal if it is so
desired.
7. The writ petition stands closed reserving the above
liberty.
(K. Vinod Chandran, CJ)
(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 09.05.2024
Transmission Date
