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HON'BLE MR.JUSTICE KAILASH CHANDRA SHARMA Mr.C.S.Kotwani, for the appellant.

Mr.Mukesh Dave, for the respondents.

Reportable

1. This intra court appeal is directed against order dated 21.5.14 of the learned Single Judge of this court, whereby the writ petition preferred by the appellant questioning the legality of order dated 27.11.12 passed by the Chief Engineer, Public Works Department (PWD), Government of Rajasthan, Jaipur, the second respondent herein, blacklisting the appellant in terms of Para VIII.4 of Section VIII-Standard Code of Appendix XVI Part- II of Public Works Financial and Account Rules ('Rules'), stands dismissed.

(D.B.CIVIL SPECIAL APPEAL (W) NO.823/14) cause notice being received by the second respondent before the passing the order impugned, brought to the notice of the court, obviously, the learned Single Judge would not have concluded the issue in favour of the respondents as aforesaid. Learned counsel urged that in terms of Para VIII.4 of Section VIII- Standard Code of Appendix XVI Part-II of the Rules, the second respondent was under an obligation to record the findings after due consideration of the reply filed on behalf of the appellant. Learned counsel submitted that now the factum of the reply to the show cause notice filed on behalf of the appellant being received by the second respondent before the passing of the order blacklisting the appellant, having come on record the non consideration thereof while passing the order is sufficient to establish that the order blacklisting the appellant has been passed in gross violation of the principles of natural justice and therefore, the same deserves to be quashed. Learned counsel submitted that the dispute with regard to the caste of the appellant which is subject matter of the investigation and trial has nothing to do with the matter of blacklisting of the appellant on the allegations levelled which were controverted by filing a reply thereto and thus, the learned Single Judge has erred in making observation in this regard while passing the order impugned.

M/S. NAYAK CONSTRUCTION VS. STATE OF RAJASTHAN & ORS.

(D.B.CIVIL SPECIAL APPEAL (W) NO.823/14)

11. On the other hand, the counsel appearing for the respondents contended that the appellant having failed to file the reply to the show cause notice within the stipulated period, the second respondent was not under an obligation to consider the reply filed. Learned counsel submitted that while filing the reply to the petition before the learned Single Judge, the respondents have nowhere stated that no reply to the show cause notice has been received rather, it is stated that no reply to the show cause notice was received within the stipulated period and thus, the allegation of suppression and concealment of material fact levelled, is absolutely baseless. Learned counsel submitted that in terms of Para VIII.4 of Section VIII-Standard Code of Appendix XVI Part-II of the Rules, show cause notice of 15 days was required to be given and since the appellant failed to file reply within 15 days i.e. by 16.11.14, the second respondent was absolutely justified in passing the order without considering the reply, filed on behalf of the appellant. Learned counsel submitted that the order impugned passed by the learned Single Judge after taking into consideration all the relevant aspects, does not warrant any interference by this court in intra court appeal jurisdiction.

12. We have considered the rival submissions and perused the material on record.

M/S. NAYAK CONSTRUCTION VS. STATE OF RAJASTHAN & ORS.

(D.B.CIVIL SPECIAL APPEAL (W) NO.823/14)

13. Indisputably, the matter with regard to blacklisting of the enlisted contractor by the enlisting authority with the approval of the next higher authority of PWD is required to be dealt with as provided for under Para VIII.4 of Section VIII-Standard Code of Appendix XVI Part-II of the Rules, which reads as under: