Petitioners challenged the cancellation of work agreements and tender award without prior show cause notice. The court found the cancellation violated natural justice and quashed the order.
Quashed of Letter No. 749 dated 06.06.2017 and formal order dated 07.06.2017 cancelling the petitioner agreements.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8710 of 2017
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.... .... Petitioners
Versus
.... .... Respondents
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Appearance : For the Petitioners : Mr. Ashok Kumar Choudhary, Mr. Akshansh Ankit, Advocate For the Respondents : Mr. Yogendra Prasad Sinha, AAG7 Mr. Rakesh Ambastha, AC to AAG 7 For Respondent No. 7 : Mr. Anil Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 03-04-2018
Heard learned counsel for the petitioner as well as learned
counsel for the respondents.
reliefs –
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“(a) To quash Letter no. 749 dated 06.06.2017 issued by Respondent No. 2 whereby and whereunder workcontract related to 12 schemes advertised vide Notice Inviting Tender 03/2016-17 awarded to the Petitioners were cancelled without following the principles of natural justice and in utter violation of the settled position of law in this regard.
(b) For a direction upon the Respondents to allow the Petitioners to continue with the execution of work pursuant to the work allotted to them pursuant to the Notice Inviting Tender 03/2016-17.
(c) For a further direction upon the Respondents to prepare bills and release payment of bill amount and advances strictly in accordance with the terms and conditions stipulated in the agreements entered into with the Petitioners.
(d) For a further direction upon the Respondents to abstain from initiating any fresh tender process in relation to the 12 schemes advertised vide Notice Inviting Tender 03/2016-17 during the pendency of the instant writ application.
(e) To pass any other order/orders in shape of a consequential relief to which the Petitioners may be found to be legally entitled to in the facts and circumstances of the instant case at hand.”
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tender itself even though work orders had been issued pursuant to the entering into an agreement with the petitioners.
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which, according to the petitioners, has not been served upon them.
(Vikash Jain, J)
B.T/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N.A. |
| Uploading Date |
10.04.2018 |
| Transmission Date |
N.A. |
1 issue framed by the court
Whether the cancellation of work agreements without issuing a show cause notice violates principles of natural justice.
Arun Kumar
The State of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
