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K. VINOD CHANDRAN, RAJIV ROY
Panash Infotech Pvt Ltd. – Appellant
Versus
Chief Secretary, Govt. of Bihar, Patna – Respondent
K. Vinod Chandran, CJ. – Heard the parties.
2. The present writ petition has been filed for the following reliefs: –
(i) to issue a writ/order/ direction in the nature of certiorari for quashing the Office Memorandum-Cum-Debarment order bearing letter no. FW-1702/2/2022-SEC_9-4184 dated 08.08.2023 (Annexure-P8) issued under the signature of Assistant Inspector General of Registration, Prohibition, Excise and Registration Department blacklisting the petitioner bearing for a period of three years without proper showcause notice and without considering response of the petitioner;
(ii) to issue a writ/order/ direction in the nature of mandamus directing the Respondents to allow the Petitioner to complete the assigned task as per RFP dated 14.07.2022 and LOI dated 17.08.2022 issued for same;
(iii) to pass ex-parte/ad-interim relief during the pendency of the writ application staying the operation of order dated 08.08.2023 and direct the respondents to honour the terms of LOI dated 17.08.2022 and RFP dated 14.07.2022.
3. The facts in narrow compass is/are as follows: –
4. The Prohibition, Excise and Registration Department, Bihar, Patna (henceforth for short ‘the Department’) had initiated t
The main legal point established in the judgment is the requirement of a valid, particularized, and unambiguous show-cause notice before blacklisting, and the need for fair hearing and proportionate ....
Debarment requires a valid show-cause notice to comply with principles of natural justice.
The blacklisting of a contractor without a proper show-cause notice outlining the potential for such action violates principles of natural justice and legal standards for debarment.
The Court held that the impugned order of blacklisting was unsustainable on the following grounds:
1. The order was based on allegations that were not included in the SCN issued to the petitio....
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