RAMANAND RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

(2.) This writ application has been filed seeking quashing of a letter no. 1908 dtd. 5/7/2021 issued under the signature of the Engineer-in-Chief, Rural Works Department, Government of Bihar whereby the petitioner, among several other contractors, has been debarred from participating in any tender process in future, by one stroke of pen, on the ground of them having defaulted in completing the works in question as contractors, as stipulated under the respective terms of the contract agreements. The impugned order which has been brought on record by way of Annexure-6 to the writ application does not refer to any provision under which the same has been issued.

(3.) The petitioner is admittedly a registered Class-I contractor under the provisions of Bihar Contractor Registration Rules, 2007 issued by the Rural Works Department, Government of Bihar. Pursuant to the notices inviting tender issued by the Rural Works Department, Government of Bihar, the petitioner was awarded two work contracts and two agreements in relation to construction works were entered into between him and the State of Bihar. The details of the said agreements have been given in paragraph 4 of the writ application, which are as under:-