LAWS(PAT)-2006-8-94

LAXMAN PRASAD Vs. STATE OF BIHAR

Decided On August 21, 2006
LAXMAN PRASAD Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD .

(2.) A short question has been raised in this writ application. A contract had been awarded after due advertisement and negotiation. On 20.4.2006 agreement was duly executed. By the impugned order dated 5.5.2006 the respondent -Chief Engineer directed cancellation of the said agreement on the sole ground that a proceeding for black -listing the contractor was pending and as such in view of the direction of the State Government no tender could be allotted to such contractors. The question is whether without notice to the petitioner with regard to initiation of black -listing proceeding can any action to debar him be justified and secondly, whether for a cause that took place in the year 2001 a proceeding for black -listing can be initiated in the year 2006.

(3.) HEARD the parties.