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P. B. BAJANTHRI, ARUN KUMAR JHA
Amit Kumar Singh – Appellant
Versus
State of Bihar – Respondent
P. B. Bajanthri, J.—Heard learned counsel for the respective parties.
2. In the instant petition, petitioner has prayed for the following reliefs:—
"(i) To issue an appropriate Writ(s), Order(s) or Direction(s) to the respondent authorities to quash the office order dated 17.12.2022 contained in memo no. 250 whereby the petitioner's bid in NIT No. 10/2022-23 at serial no. 9 has been rejected and the petitioner has been blacklisted for a period of 10 years without issuance of any show cause notice;
(ii) To issue an appropriate Writ(s), Order(s) or Direction(s) to the respondent authorities for providing the petitioner with an opportunity of hearing before taking any coercive and harsh action against the petitioner.
(iii) To issue an Writ(s), Order(s) or Direction(s) to the respondent authorities for keeping the letter dated 17/12/2022 as contained in memo no. 250 in abeyance till the final adjudication of this case;
(iv) To issue an Writ(s), Order(s) or Direction(s) to the respondent authorities to restore the petitioner's bid pursuant to NIT No. 10/2022-23; and
(v) To pass any other appropriate Writ(s), Order(s) or Direction(s) that this Hon'ble Court may deem fit on the facts and in the
The main legal point established in the judgment is the requirement for a fair hearing, specific show cause notices, and proportionate punishment before imposing blacklisting in government contracts.
The central legal point established in the judgment is the requirement to comply with the principles of natural justice, including providing a fair hearing, in the process of blacklisting a bidder.
The lack of procedural fairness, including the absence of proof of notice to show cause, can lead to the quashing of administrative orders with civil and penal consequences.
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