PATNA, India, Oct. 24 -- Patna High Court issued the following judgment on Sept. 24:
In the instant writ petition, petitioner has prayed for the following relief(s):
"i) For issuance of appropriate writ, order or direction specially in the nature of certiorari for quashing the order as contained in Memo No. 3339 dated 21.10.2021, issued by the Chief Engineer, Headquarter, Water Resources Department, Govt. of Bihar, Patna, whereby and where-under petitioner's registration of contract license/Registration No. 17/2020 (First class) has illegally been black listed for ten years.
ii) For issuance of appropriate writ, order or direction specially in the nature of Mandamus, commanding the Respondent authorities to return the earnest money deposited by the petitioner for performance of contract work.
iii) Any other relief or reliefs to which the petitioner may be found entitled in the facts and circumstances of this case."
3. Perusal of the blacklisting order, it is crystal clear that it is not a speaking or reasoned order so as to affirm. Respondents are exercising quasi judicial function insofar as blacklisting Contractors. In such an event, they are bound to follow the certain principles laid down by the Hon'ble Supreme Court in paragraph-40 in the case of ORYX Fisheries Private Limited Versus Union of India and Others, reported in (2010) 13 Supreme Court Cases 427. Paragraph-40 reads as under.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTU4NDkjMjAyNSMxI04=-MsrJbZq0VoQ=
Disclaimer: Curated by HT Syndication.
