Prashant Kumar vs State Of Bihar And Ors

Heard Mr. Satish Kumar Singh, learned advocate for the petitioner and Mr. Anujit Sinha for the respondent/Building Construction Department.

The order under challenge is dated 24.05.2019, issued by the Executive Engineer, Building Division, Saharsa whereby the petitioner has been debarred for his not having completed the work within the scheduled time and has also prevented from taking part in any further tender by the department.

Though the petitioner has raised several grounds in order to sustain the challenge against the order impugned but those may not be necessary to be adjudicated for the simple reason that the order clearly reflects that no notice was served upon the petitioner before the order of debarment and preventing him from taking part in further tender has been passed.

Times without number, this Court as well as the Apex Court has held that such orders which visit a person with penal/necessary consequences, a preceding notice and consideration of the grounds urged by the noticee is a must. On this issue alone, the order of debarment cannot be sustained in the eyes of law.

This Court is left with no other alternative but to set aside the order dated 24.05.2019.

The Executive Engineer, Building Division, Saharsa (respondent no. 6) is directed to pass a fresh order in accordance with law after serving a show cause notice to the petitioner and giving him ample time to represent his cause. Needless to state that no order shall be passed without adverting to the grounds raised by the petitioner in his reply to the show cause notice. The entire exercise shall be completed within a period of sixty days, to be counted from the day of production/receipt of a copy of this order.

With the aforesaid direction/observation, the writ petition is disposed of.