IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8714 of 2009 OM BUILTECH(INDIA)PVT.LTD.&ANR Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner :- Mr. Rajeev Kumar Singh, Advocate Mr. Alok Kumar Singh, Advocate For the State :- Mr. P. K. Verma, A.A.G. – 11, Advocate 2 27.07.2009 The petitioners state that a list of contractors was called for who had defaulted in view of Clause 3.3, and 4.8 of the standard bidding document, pursuant to letter no. 818 E dated 20.04.2009 of Principal Secretary, Road Construction Department. Furthermore, the aforesaid contractors have been sought to be debarred from participating in further tender till they have completed the work of the on going projects. The letter dated 2.7.2009 of respondent no. 3, the Engineer-in-Chief, R.C.D. contains such list where name of the petitioner appears at serial no. 94. The petitioners states that pursuant to tender he was allotted various works vide agreement no. 12 F2/07-08 dated 25.01.2008 of Rs.46,65,568/-, agreement no. 8 F02/07-08 dated 12.01.2008 of Rs.48,81,247/- and agreement no. 9 F02/07-08 dated 12.1.2008 of Rs.48,36,462/-. However vide memo no. 567 dated 15.04.2009 he has been restrained from participating in any other tender till he completes the aforesaid projects. It is claimed that aforesaid memo has not been communicated to him. Learned counsel has assailed the impugned memo dated 2.7.2009 as being violative of order issued by Principal Secretary R.C.D vide memo no. 2 dated 13.3.2009 contained in Annexure – 6. The order dated 13.3.2009 prohibits debarring of a contractor from participating in 2 other tenders till he has been show caused. The instruction further provides that no contractor who has completed more than 80% of the work can be imposed aforesaid punishment. Learned counsel submits that the petitioner has completed more than 80% of the work. In this connection he refers to Annexure – 8 series as well as Annexure 11, the latter forms a letter of Superintending Engineer, Road Construction Circle, North Bihar Road Construction Anchal Muzaffarpur bearing letter no. 1513 dated 18.7.2009. From the aforesaid letter it appears that petitioner has completed substantial portion of the work allotted to him. Learned counsel for the State submits that petitioner may file a representation. After hearing the learned counsel for the parties, this Court observes that the petitioner may file a representation before respondent no. 3 Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, Bihar, Patna for recalling the aforesaid order restraining him from participating in any future tender. In case such representation is filed, respondent no. 3 would dispose of the same within four weeks from the receipt of the same. Till a decision is taken by respondent no. 3, the petitioner would not be restrained from participating in any other tender, as Annexure 11 shows that he has completed 80% of the work, apart from not being show caused. With the aforesaid direction, this application is disposed of. This order would be applicable so far as the petitioner is concerned in view of the facts and circumstances of the case. Kundan (S. P. Singh, J.)