ABHA CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition has been filed for quashing the order dtd. 4/6/2021 passed by the Superintendent, Nalanda Medical College and Hospital, Patna whereby and where under the petitioner firm has been black listed for an indefinite period.

(2.) Shorn of the details it would suffice to state that the petitioner was granted the work of supplying drugs by the respondent no. 4, vide various office orders, however, it appears that the petitioner failed to supply the same on account of shortage of raw materials. Whereupon, the Respondent no. 4 is stated to have issued show cause notices to the petitioner, however, the petitioner did not respond and ultimately by the impugned order dtd. 4/6/2021, the petitioner has been blacklisted.

(3.) The learned Senior counsel for the petitioner, Shri Srinandan Pd. Singh assisted by Ms. Prakritita Sharma, Advocate has submitted that a blacklisting order entails civil consequences, hence it cannot be in perpetuity as has been held by the Hon'ble Apex Court in the case of Kulja Industries Ltd. v. Western Telecom Project BSNL, reported in (2014) 14 SCC 731, paragraphs no. 17 to 19 and 25 whereof are reproduced herein below:-