AYAN ENTERPRISE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit of service filed on behalf of the petitioner and report submitted by the State are taken on record.

(2.) None appears for the Panchayat despite service.

(3.) The petitioner M/s Ayan Enterprise is a licensed Government contractor. The initial deed of partnership was executed and registered on 6/8/2007 by and between Mahabul Islam, Sephali Bibi, Kiron Mondal and Rakibul Islam. Mahabul Islam retired from partnership on 18/1/2019 by execution of a deed of retirement. The petitioner participated in a tender floated by Kalinagar-II Gram Panchayat on 18/2/2025 and being the lowest bidder was entrusted the job. The entire dues of the petitioner were cleared on completion of the job. On 27/1/2025 a complaint was submitted against the petitioner firm by S. S. Construction before the Block Development Officer, Raninagar-II Block with the primary allegation that one of the partners Mahabul Islam was employed in Godhanpara Block Primary Health Centre and is, therefore, a Government employee. Pursuant to such complaint, notice was issued upon the petitioner by the Block Development Officer on 25/2/2025 requesting him and other official stake holders of the firm to appear before him with relevant documents on 5/3/2025. Learned counsel for the petitioner submits that though the petitioner appeared before the authority on the relevant date, no order was passed. The petitioner received another hearing notice from the Pradhan, Kalinagar-II Gram Panchayat on 30/1/2025 requesting him to appear before him on 5/1/2025 in connection with a complaint submitted by Ria Constructin. By the order impugned dtd. 19/3/2025, the Pradhan dealt with the issue and held that Mahabul Islam was a Government employee working as a General Duty Attendant at Godhanpara BPHC under Raninagar II Development Block. The Pradhan debarred the petitioner from participating in any tender process in future and blacklisted the firm for the next two years for violation of West Bengal Service Rules and e-tender Rules. The said order is assailed by the petitioner.