VINAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two writ petitions have been made cognate as similar/identical relief(s) have been prayed for inasmuch as facts are similar. They have thus been heard together with the consent of the parties and the order present will govern the same. For the sake of brevity, this Court would notice relevant facts from C.W.J.C. No. 9280 of 2013.

(2.) The petitioner prays for issuance of appropriate writ/orders quashing the letter bearing Memo No. 182 dated 25.3.2013 (Annexure-11) passed by the Chief Executive Officer, Nagar Parishad, Hajipur (for short "Nagar Parishad") whereby he has been informed that Empowered Standing Committee (ESC) of the Nagar Parishad resolved in its meeting dated 18.3.2013 that the petitioner and other contractor (petitioner of C.W.J.C. No. 7315 of 2013) be blacklisted and their registration be cancelled. The petitioner has also prayed for quashing of the aforesaid resolution/decision of the ESC. Other consequential reliefs have also been prayed for.

(3.) As per the pleadings, the petitioner is a Contractor registered with the respondent Nagar Parishad vide Registration No. 7/2008-09 (Annexure-1) valid for the period 13.8.2008 to 12.8.2013. Such registration was made by the Chief Executive Officer of the respondent Nagar Parishad. The Nagar Parishad published a short term tender notice on 29.1.2012 whereby quotations were invited from the registered contractors for execution of diverse work(s) enumerated in Column-2 thereof. In pursuance thereto, the petitioner also applied on 2.2.2012. His tender was refused by the respondent. The petitioner approached the District Magistrate seeking intervention in the matter. The petitioner was thereafter provided the quotation forms (BOQ) on 2.2.2012. The petitioner submitted his tender forms/offer within time on 3.2.2012 in which he quoted rates 15% lower than the rate(s) of the BOQ fixed by the respondents. On the same day, the tender was opened and the petitioner was declared as the lowest bidder. On 6.2.2012, a communication (annexed at Annexure-5) was sent by the respondent Chief Executive Officer of the Nagar Parishad whereunder it was informed that the registration of the petitioner with the Nagar Parishad was suspended for one month. He was called upon to submit his show cause as to why the petitioner be not blacklisted under the provisions of the Bihar Enlistment of Contractors Regulation, 2007 for his misconduct/misbehaviour in the Office of the Nagar Parishad on 2.2.2012. This communication was issued after a decision in this regard was taken by the ESC of the Nagar Parishad. Aggrieved by the aforesaid communication suspending the registration of the petitioner, a writ petition being C.W.J.C. No. 4010 of 2012 was filed in this Court. The petitioner, in the meanwhile, filed his reply to the said show cause notice dated 6.2.2012 (Annexure-2) on 9.2.2012 (Annexure-3). The writ petition filed by the petitioner was heard on 1.3.2012 whereby notice was issued to the respondent Nagar Parishad. The respondents appeared and filed counter affidavit wherein it was inter alia stated that the work(s) were allotted to other Contractors who were the next lowest bidder and they have already completed the same. The writ petition was disposed of on 26.11.2012 (Annexure-9) observing therein that the period of suspension of registration was only for a period of one month which was over and as such there was no need to proceed further in the matter. The petitioner thereafter filed representation on 26.1.2013 before the respondent Chief Executive Officer of the Nagar Parishad for withdrawing the suspension order and to allow him to participate in future tender. The respondent No. 4 by the impugned communication dated 25.3.2013 informed the petitioner that he has been blacklisted and his registration has been cancelled by the ESC of the respondent Nagar Parishad in its meeting dated 18.3.2013. Aggrieved thereby, the present writ petition has been filed.