Deep Jyoti vs Bihar State Food And Civil Supplies Corporation Ltd.

Heard learned counsel for the parties.

In CWJC No. 4245 of 2021, petitioner has prayed for the following relief(s):-

In C.W.J.C. No. 3317 of 2020, petitioner has prayed for the following relief(s):-

Shri P.K.Shahi, learned Senior Counsel appearing on behalf of the petitioners, inter alia, has assailed the original order dated 09.11.2019, passed by the District Transport Committee, Muzaffarpur (Annexure-20, Page-88), as affirmed by the Appellate Authority i.e. Managing Director of State Food Corporation Headquarter, Patna vide order dated 13th of January, 2020 (Annexure-22, Page-91) and the consequential order passed in terms thereof being order dated 22nd of January, 2020, passed by the District Transport Committee, Muzaffarpur (Annexure-1, Page-42).

The challenge, inter alia, is on the ground that the order of blacklisting stands passed not only without issuance of any notice to show-cause but on the direction of the Appellate Authority who was not even seized of the matter. The right and prerogative of blacklisting is that of the Original Authority and not that of the Appellate Authority, and any mandate to this effect is contrary to the settled principle of law. Also, in rescinding the petitioner’s contract in terms of the NIT dated 15.06.2019, as executed on 30.10.2019, both the Original Authority as also the Appellate Authority lost sight of the fact that the fault was totally attributable to the vendor notified by the respondent who was to provide for and install the GPS device and load shell on the vehicle earmarked for transporting the foodgrains/goods in terms of the agreement.

In the response filed by the respondents, we do not find the first submission to be refuted in any manner. Blacklisting for a period of five years entails both civil and penal consequence. It debars the petitioner from participating in any of the works of the respondent. No such order could have been passed without issuing notice to show-cause and considering the principle of proportionality. Reading of the order indicates that the order of blacklisting was for an indefinite period, though clarify that petitioner is prevented to participate in the work for next five years.

On the other count, we notice that the pleas raised by the petitioner, of no fault liability, was neither referred to nor considered by the Appellate Authority. Even prior to rescinding the agreement, no notice to show-cause was ever issued to the petitioner.

In this view of the matter, we are left with no option but to quash the impugned original order dated 09.11.2019, passed by the District Transport Committee, Muzaffarpur (Annexure-20, Page-88); order dated 13th of January, 2020 passed by the Managing Director of State Food Corporation Headquarter, Patna (Annexure-22, Page-91) and the consequential order passed in terms thereof being order dated 22nd of January, 2020, passed by the District Transport Committee, Muzaffarpur (Annexure-1, Page-42), in so far as it deals with the petitioner, with liberty to Respondent No. 2, namely, the Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., Khoya Bhawan, 4th Floor, Daroga Roy Path, Patna to have the matter examined afresh and take appropriate action, if so required and desired, in accordance with law.

Liberty reserved to the petitioner to assail the order in accordance with law.

The instant petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, shall stand disposed of.