Calcutta High Court (Appellete Side)
Anjan Dey vs The State Of West Bengal & Ors on 5 July, 2011
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
Present:
The Hon'ble Mr. Justice Jayanta Kumar Biswas.
W.P. No. 8500 (W) of 2011
Anjan Dey
v.
The State of West Bengal & Ors.
Mr. Subrata Mukhopadhyay
Mr. Bhaskar Ghosh
... for the petitioner.
Mr. Pratik Prakash Banerjee
Mr. Suman Sengupta
Mr. S. Dutta
... for the State.
Heard on: July 5, 2011.
Judgment on: July 5, 2011.
The Court: Mr. Banerjee, Junior Standing Counsel, submits under
instructions that the decision dated December 7,2010( at p.95) was given without
giving the petitioner reasonable opportunity of hearing, though this Court
disposed of the petitioner's previous art.226 petition directing the authority to
give the decision after giving the petitioner reasonable opportunity of hearing.
Mr. Banerjee has submitted that though the respondents have sufficient
grounds to justify their decision, he does not think it will be appropriate to take those points in this case in which the respondents are ready and willing to give a fresh decision after giving the petitioner reasonable opportunity of presenting his case. Mr. Mukhopadhyay appearing for the petitioner has submitted that the authority should be directed to consider the petitioner's written submission.
Mr. Banerjee has clarified by saying that until appropriate decision is given there is no question of preventing the petitioner from participating in any tender process.
For these reasons, I set aside the impugned decision dated December 7, 2010, allow the petition to this extent and order as follows. The authority shall give a fresh decision after giving the petitioner reasonable opportunity of presenting his case and considering his written submission. Until a fresh 2 decision is given the petitioner shall be permitted to participate in the tender process, if any initiated, provided he is eligible to participate. No costs. Certified xerox.
sh ( Jayanta Kumar Biswas, J )