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IN THE HIGH COURT OF JUDICATURE AT PATNA
VIPUL M.PANCHOLI, PARTHA SARTHY
Vivid OffThe State of Biharset through its partner Mr. Shailesh Kumar Singh M/s Vivid Offset Press – Appellant
Versus
State of Bihar through Chief Secretary, Government of Bihar, Old Secretariat, Patna – Respondent
JUDGMENT
VIPUL M. PANCHOLI, CJ.
The present batch of writ petitions is filed by the petitioners challenging the order of blacklisting passed by the respondent against respective petitioners for a period of one year. The issue involved in these petitions is similar and, therefore, learned advocates appearing for the parties jointly requested that all these petitions be heard together and the same be disposed of by a common judgment. Thus, at the joint request of learned advocates, we have taken up the petitions for final disposal, as requested.
2. For the sake of convenience, the facts narrated in C.W.J.C. No. 11437 of 2025 are stated as under:
FACTUAL MATRIX
3. The Bihar State Text Book Publishing Corporation Limited (hereinafter referred to as ‘Corporation’) issued E notice inviting tender (in short ‘NIT’) from eligible printers for printing and supply of Samagra Shiksha Abhiyan (in short ‘SSA’) text books for Class-I to Class-VIII Class/ Standardwise, Districtwise and Languagewise under SSA for the academic year 2025-2026 which will be delivered to 548 Block Resources Centres in 38 districts within the State of Bihar.
3.1. The petitioner participated in the said NIT and was declared su
Natural justice requires that prior notice be given before penalties such as blacklisting; however, if adequate opportunity and communication are established, decisions can stand.
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 judgment emphasizes the importance of fair play, natural justice, non-discrimination, equality, reasonableness, and proportionality in the process of blacklisting, and the need for a valid, parti....
A show cause notice for blacklisting must be based on reasonable grounds and cannot be issued merely for breach of contract without substantial evidence of misconduct.
Point of Law : Work tender/Contract - Blacklisting - when the financial loss is not caused, the doctrine of proportionality to blacklist the petitioner beyond the reasons shown in the show cause not....
Indefinite blacklisting without defined duration and proper procedural fairness is arbitrary, violating natural justice principles and requiring a clear basis for such action.
The necessity of issuing a show cause notice before passing an order of blacklisting, specifying the grounds and proposed action in the notice to provide the noticee with an adequate opportunity to r....
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