IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7699 of 2009 RAJ KUMAR SINGH RAJA CONSTRUCT Versus THE STATE OF BIHAR & ORS ----------- 3 17.07.2009 Heard learned counsel for the petitioner and the State. The petitioner was found successful bidder both in technical bid as well as financial bid in respect of item no. 1 contained in Annexure – 2 at page 15. He even agreed to do work at the negotiated rate vide letter dated 27.2.2009(A-5). At this juncture the Superintending Engineer recommended the case of the petitioner to the Chief Engineer, RCD for favour of Tender Committee. The Tender Committee, however, disqualified the petitioner for award of tender on the ground that the proceeding for blacklisting is pending against him. Learned counsel submits that blacklisting proceeding is misconceived as would appear from the following facts. He submits that an earlier contract work, the petitioner had pointed out to the respondents that unless and until the roads in respect of 25 meter and 32 meter are strengthened, the work of footpath would remain futile. Learned counsel submits that both the Executive Engineer in his letter dated 29.12.2008 contained in Annexure – 10 as well as the Superintending Engineer in his letter dated 20.01.2009 contained in Annexure – 11 had substantially endorsed the view expressed by the petitioner. The petitioner in respect of blacklisting proceeding has filed his show cause vide letter dated 29.01.2009 contained in Annexure – 12. 2 After hearing the counsel for the parties this Court is of the view that as the representation is pending since 29.01.2009, the Engineer in Chief-cum-Additional Commissioner will dispose of the same expeditiously preferably within three weeks from the date of receipt/production of a copy of this order. While disposing of the representation the concerned respondent may also look into the letter dated 29.12.2008 and 21.2.2009 of Executive Engineer and Superintending Engineer as contained in Annexure – 10 and 11. After the disposal of the representation it would be open to the respondents to reconsider the petitioner’s tender. Kundan (S. P. Singh, J.)