On the other hand, learned counsel for the respondent submitted that the petitioner has the remedy of appeal before the appellate authority/Tribunal. Not issuing notice to the aggrieved persons would go to the root of the matter. Therefore, the petitioners need not exhaust the statutory remedy of appeal before the appellate authority, since the impugned action is in violation of principles of natural justice.

Patna High Court CWJC No.2862 of 2020 dt.02-02-2023 3/3 As to whether the decision of the Cabinet informed vide communication dated 27.12.2019 (Annexure-5 Page 48), interdicted with the process of tender or not; as to whether the petitioner committed any default in adhering to the terms and conditions of NIT; as to whether the action of the respondent in blacklisting the petitioner was commensurate with the alleged inaction/defaults of the petitioner; and as to whether the principles of natural justice stood complied with prior to the passing of the impugned order or not, are all questions of facts which conveniently can be addressed by the parties and adjudicated by the final fact finding authority.

All pleas and issues raised, on merits, are left open to be considered and decided by the learned Arbitrator. Learned Arbitrator shall be entitled to a fee as per the schedule of the Act. Since the dispute arises out of an agreement/ Letter of Acceptance of the year 2019, it is expected of the learned Arbitrator to decide the issues expeditiously. Parties are directed to fully cooperate and not take any unnecessary adjournment.

Sri Ajay, learned GA-5, appearing for the State, undertakes to immediately communicate a copy of this order, both to Respondent No.1, namely, The State of Bihar through the Principal Secretary, Rural Works Department, Government of Bihar, Visheweshraiya Bhawan, Bailey Road, Patna, and respondent No.5, namely, the Executive Engineer, Rural Works Department, Works Division, Shanghai. This he shall do by all modes.

A(4) Such Grievance Redressal Committees shall Patna High Court CWJC No.18188 of 2022 dt.31-01-2023 5/10 be set up in each Department at the State Level, District Level, and Sub-Divisional Level and each of them shall have a Grievance Cell. All cases and issues at the request of the aggrieved party shall be reviewed to redress genuine grievances.