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.
Also it was suggested by the Petitioners that the first day when the petitioners would appear before the respondent be indicated so that the matter is expedited and not left pending and the court agreed accordingly and held that, “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 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 by passing a fresh order, in accordance with law. It goes without saying that respondent shall serve a formal show cause notice on the petitioners on the day of appearance so that they are able to reply”