Writ Petition to be set aside, in case adequate opportunity is not granted: Patna High Court
Order which has been passed without giving any opportunity or show cause to explain, which is totally impermissible in law. A single-judge bench comprising of Justice Ahsanuddin Amanullah adjudicating in the matter of M/s Egis India Consulting Engineers Pvt. Ltd v. State of Patna (Civil Writ Jurisdiction Case No.10539 of 2021) In the present case, the Petitioner is seeking relief for quashing and setting aside: – a.The debarment order issued dated 15.04.2021 issued under signature of the Chief General Manager, by which petitioners have been debarred from participating in all future tenders of the Respondent in the most arbitrary manner, contrary to principles of natural justice, illegally as well as having without jurisdiction. b. For declaring that the action of the Respondent is arbitrary, malafide, malicious, colourable exercise of power, violation of principles of natural justice as well as without jurisdiction. c. For further passing such an order or orders for which the petitioners are entitled under the law in the facts and circumstances of this case.’ The Petitioners submitted impugned order has been passed visiting hem with serious civil consequences without giving any opportunity or show cause to explain, which is totally impermissible in law. The Opposite party submitted that matter be remanded to the author of the order dated 15.04.2021which is impugned in the present writ application. The counsel on behalf of the Petitioner also agreed to the same, however it was submitted by the Petitioners that the Court may indicate that opportunity of hearing, including personal hearing, be given before a fresh decision is taken. In the present view, the court disposed off the writ petition by setting aside the order dated 15.04.2021 issued by the respondent no. 5 under Letter No. BSRDC Ltd.3384/2020-1180, Patna. He shall pass a fresh order, in accordance with law, after giving an opportunity of hearing, including personal hearing, if so desired by the petitioners, within two months from today.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.105321 1. M s Egis India Consulting Engineers Pvt. Ltd. a company registered under the Companies Act 1956 2013 Having its registered office at _ T 305 TF Tirupati Plaza Sector XI Aged abour 32 years S o Kameshwar Prasad _ R o 56 Sardar Patel Colony near SanichraAsthan Sandalpur Road No. 3 PO Mahendru P.S. Sultanganj District Patna Bihar 800006. 2. M s Egis International S.A.S. a company incorporated under the laws of France Having its registered office at T 305 TF Tirupati Plaza Sector XI MLU) Pocket _ 4 Plot No. 11 Dwarka New Delhi 110075 Through its Authorised Representative Mr. Ashwini Kumar Aged about 32 years S o Kameshwar Prasad R o 56 Sardar Patel Colony near SanichraAsthan Sandalpur Road No. 3 P.O. Mahendru P.S. Sultanganj District Patna Bihar 800006. ... Petitioner s 1. The State of Bihar through the Additional Chief Secretary Road Construction Department Government of Bihar Patna. 2. The Additional Chief Secretary Road Construction Department Government of Bihar Patna. 3. The Bihar State Road Development Corporation Ltd Through its Managing Director Central Mechanical Workshop Campus Near Airport Sheikhpura 4. The Managing Director Bihar State Road Development Corporation Ltd. 5. The Chief General Manager Bihar State Road Development Corporation Ltd Patna. ... Respondent s Appearance : For the Petitioner s For the Respondent s For the BSRDCL Mr. P K Shahi Senior Advocate with Mr. Brisketu Sharan Pandey Advocate Mr. Uday Shankar Sharan Singh GP 19 with Mr. Uday Bhanu Singh AC to GP 19 Mr. Lalit Kishore Senior Advocate with Mr. Manish Dhari Singh Advocate CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 15 06 2021 The matter has been heard via video conferencing. Patna High Court CWJC No.105321 dt.15 06 2021 2 4 2. Heard Mr. P K Shahi learned senior counsel along with Mr. Brisketu Sharan Pandey learned counsel for the petitioners Mr. Uday Shankar Sharan Singh learned GP 19 along with Mr. Uday Bhanu Singh learned AC to GP 19 for the State and Mr. Lalit Kishore learned senior counsel along with Mr. Manish Dhari Singh learned counsel for the Bihar State Road Development Corporation Ltd.as contained in Annexure P1 by which petitioners have been debarred participating in all future tenders of the Respondent No. 5 in the most arbitrary manner contrary to principles of natural justice illegally as well as having without jurisdiction. b. For declaring Respondent No. 5 is arbitrary malafide malicious colourable exercise of power violation of principles of natural justice as well as without jurisdiction. the action of c. For further passing such an order or orders for which the petitioners are entitled under the law in the facts and circumstances of this case.’ 4. Learned senior counsel the petitioners submitted that the order impugned has been passed visiting Patna High Court CWJC No.105321 dt.15 06 2021 3 4 them with serious civil consequences without giving any opportunity or show cause to explain which impermissible in law. 5. On a response sought by the Court on this short point learned senior counsel for BSRDCL submitted that the matter be remanded to the author of the order dated 15.04.2021 respondent no. 5) which is impugned in the present writ applicationfor passing a fresh order. 6. Learned counsel for the petitioners readily agreed to the same. However he submitted that the Court may indicate that opportunity of hearing including personal hearing be given before a fresh decision is taken by the respondent no. 5 in the matter. 7. In view of the aforesaid agreed position the writ petition stands disposed off by setting aside the order dated 15.04.2021 issued by the respondent no. 5 under Letter No. BSRDC Ltd.3384 2020 1180 Patna. He shall pass a fresh order in accordance with law after giving an opportunity of hearing including personal hearing if so desired by the petitioners within two months from today. 8. At this juncture learned counsel submitted that the first day when the petitioners would appear before the Patna High Court CWJC No.105321 dt.15 06 2021 4 4 respondent no. 5 be indicated so that the matter is expedited and not left pending. 9. The Court finds substance in the suggestion. 10. Accordingly as agreed between the parties the petitioners shall appear before the respondent no. 5 at 11.00 AM in his office on 5th July 2021. Upon doing so the respondent no. 5 shall fix a date when he shall afford hearing to the petitioners and thereafter the matter shall be concluded within two months by the respondent no. 5 by passing a fresh order in accordance with law. 11. It goes without saying that respondent no. 5 shall serve a formal show cause notice on the petitioners on the day of appearance so that they are able to reply. 12. The Court would clarify that it has not expressed any opinion on the merits of the matter. Anjani 