ARYABHAT COMPUTERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner/Ms Aryabhat Computers was permanently blacklisted vide order dated 01.09.2018. This led to the filing of C.W.J.C. No. 20595 of 2018 and this Court, on finding that the order of blacklisting was absolutely without any reason and did not contain any statement giving any impression of the author of the order having adverted to the reply preferred by the petitioner, set it aside by order dated 23.04.2019 and directed the Civil Surgeon-cum-Chief Medical Officer, Gaya to consider the reply of the petitioner and take a fresh decision within a period of ninety days from the date of production of a copy of that order.

(2.) The aforesaid remission of the case was not without clearly intimating the grounds for passing a reasoned order. Relevant paragraph of a decision of the Supreme Court in M/s Kulja Industries Ltd. Vs. Chief Gen. Manager, W.T. Proj., BSNL; AIR 2014 SC 9 was quoted in the order, highlighting the necessity of adherence to the principle of natural justice before blacklisting any entity. The Supreme Court in the aforesaid case had declared that blacklisting has the effect of preventing a person from the privilege and advantage of entering into lawful relationship with the government for the purposes of gains. The fact that a disability is credited by the holder of blacklisting indicates that the relevant authority is to have an objective satisfaction. Fundamentals of fair play, it was reiterated by the Supreme Court, require that the person concerned ought to be given an opportunity to represent his case before he is put on the blacklist.

(3.) Despite such clear orders of this Court, the Civil Surgeon-cum-Chief Medical Officer, Gaya has again passed a cryptic/laconic order, blacklisting the petitioner permanently.