Rameshwaram vs State of Jharkhand and Others

M.Y. Eqbal, J.—In spite of order passed by this Court on 18.12.2000, no counter-affidavit has been filed by the State.

The short point involved in the writ application is as to whether Respondent No. 2, Secretary-cum-Commissioner, Building Construction & Housing Department, Govt. of Jharkhand, Ranchi should pass the impugned order suspending all the registration certificate granted to the contractors without following principles of natural justice. Admittedly, the impugned order was passed by the Secretary, Govt. of Bihar without affording opportunity of hearing to the petitioner. On this alone ground the impugned order cannot be sustained in law.

This writ application is accordingly allowed and the impugned order as contained in Annexure-6 to the writ application is quashed so far petitioner is concerned.

However, of the Secretary, Building Construction & Housing Department, Govt. of Jharkhand, if so advised may proceed in accordance with law for cancellation/suspension of registration certificate after giving reasonable opportunity of hearing to the petitioner.

Writ application allowed.