SAI NIRMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has prayed for the following relief(s):

(2.) We do not find the impugned order dtd. 9/6/2021, as contained in Letter No. 1529, passed by respondent No. 3, namely the Engineer-in-Chief, Rural Works Department, Government of Bihar, Patna to have been passed in compliance with the principles of natural justice. Passing of the order entails civil consequences, inasmuch as the petitioner stands blacklisted/debarred from taking part in future tenders from the date of passing of the order. Also, we find the order to have been passed not in compliance with the directions issued by this Court vide order dtd. 20/2/2018 passed in CWJC No. 16989 of 2017, titled as Raman Kumar Singh v. Bihar State Food and Civil Supplies Corporation Ltd., Bihar Patna, wherein also the earlier order passed by the respondent blacklisting/debarring the petitioner for an indefinite period stood quashed.

(3.) Vide current impugned order, the respondents have not assigned any reason, much less plausible, for having blacklisted/debarred the petitioner from taking part in future tenders. The principle of proportionality has not been considered. The effect of debarment entails both civil and penal consequences.