Document Fragment View

Matching Fragments

Heard learned counsel for the petitioner and learned Senior Counsel for the North Bihar Power Distribution Company Limited (hereinafter referred to as the 'NBPDCL') (Respondent Nos. 6 to 8).

Mr. Ajay Kumar, the Chief Engineer (Store and Patna High Court CWJC No.8189 of 2023(3) dt.08-06-2023 Purchase), NBPDCL and Mr. I.C. Yadav, the former Chief Engineer (Store and Purchase), NBPDCL are present in person.

The records have been placed before this Court. Learned Senior Counsel for the NBPDCL submits that so far as the NBPDCL is concerned, it has not blacklisted the petitioner. Reference has, however, been made to Letter No. 738/S&P, Patna dated 04.07.2019 written by the Chief Engineer (S&P), NBPDCL, Patna to the Regional Manager, M/S Metal Scrap Trade Corporation Limited (in short 'MSTC') wherein a direction was issued to take stern action and blacklisting the three firms including that of the petitioner for a period of three years from participating in the e-auction under an intimation to him within three days. Vide this letter, the earlier Auction No. MSTC/ERO/North Bihar Power Distribution Company Ltd./3/Patna/19-20/8646 [215460] dated 08.07.2019 and MSTC/ERO/North Bihar Power Distribution Company Ltd./4/Patna/19-20/8647 [215461] were placed under suspension.

On going through the Letter No. 738 dated 04.07.2019, copy of which has been placed before this Court, it prima facie appears that the then Chief Engineer, S&P had issued a direction to MSTC to blacklist the firm for three years. It is difficult to understand as to how at this stage, he can take a plea that he had no power to do so and had not issued any such order.

This Court finds that there is a change of stand on the part of the then Chief Engineer, S&P, NBPDCL. His letter is not only by way of a direction, rather in a very emphatic term he imposed a punishment of blacklisting for three years.

List this matter after service of notice on Respondent Nos. 1 to 5 or on 10th July, 2023, whichever is earlier within top 10 cases.

Personal appearance of the Chief Engineer, S&P, NBPDCL and the then Chief Engineer, S&P, NBPDCL stands dispensed with.

(Rajeev Ranjan Prasad, J) vikashkr/-lekhi/-