SUDHEER KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties. Petitioner has prayed for the following relief(s):-

(2.) We notice that the impugned order debarring the petitioner for participating in any of the works of the respondent-Department, for a period of three years does not contain any reason. The order entails civil consequences, inasmuch as petitioner's right to participate in the contracts to be awarded by the respondents would stand stunted. This Court in CWJC No.2625 of 2021 titled as Satyendra Kumar and Co. Const. Pvt. Ltd. Company versus The State of Bihar and Ors. decided on 24/1/2022, while extensively dealing with the issue of following due process, as stipulated under the Bihar Contractors Registration Rules, 2007, has already warned the State to be careful in future.

(3.) In the instant case, we also reiterate the principles laid down by Hon'ble the Apex Court in Kranti Associates (P) Ltd. v. Masood Ahmed Khan, (2010) 9 SCC 496, emphasizing the need for the authorities to assign reasons. The relevant portion is extracted hereinunder:-