RAI CONSTRUCTION Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THE present writ application has been filed against the order dated 4.3.2006 (Annexure -1) issued under the signature of Special Officer -cum -Deputy Secretary, Road Construction Department, Govt, of Bihar, Patna, by which the petitioner has been blacklisted as a contractor, the effect of which is that the petitioner will not be allowed to participate in Government tender for a period of three years from the date of the issuance of the order.

(3.) THE petitioner had undertaken certain works under the State Government. The State appears to have some grievance with regard to the manner in which the works were executed. The State has framed Bihar Contractor Enlistment Rules, 1996 which, inter alia, provides for enlisting/registration of a contractor who would then be eligible for being a Government contractor. The rule apart from providing for registration provides for taking penal action against erring contractor. Those provisions are to be found with reference to rules 13 and 14. It is, inter alia, provided that the action to blacklist a contractdr would be taken by the same authority, who have the power to register the said contractor.