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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Nestor Pharmaceuticals Limited, Represented By, Mr. Dilip Kumar Padhy – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary To The Government Of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1.Heard Mr. M. Goswami, the learned Senior counsel assisted by Mr. R. Singha, the learned counsel appearing on behalf of the Petitioners and Mr. D. P. Borah, learned Standing counsel for the Health Department appearing on behalf of all the Respondents.
2. The present writ petition has been filed by the Petitioners challenging the Debarment Notice bearing No.588121/20193 dated 17.11.2025 whereby the Respondent Authorities have blacklisted and debarred the Petitioner No.1 from participating in any tender for three years from the date of issuance of the said letter in terms with Clause 5, Sub-Clause H, Pt. No.(ii), Pt. No.(iii) and Sub-Clause-M for default in supply of four numbers of essential drugs against four numbers purchase orders the details of which have been placed in Annexure-A to the said order dated 17.11.2025 (hereinafter referred to as the impugned order).
3. The question which arises in the instant case is as to whether the impugned order dated 17.11.2025 calls for any interference in exercise of the powers under Article 226 of the Constitution.
4. In order to adjudicate the said aspect, this Court finds it pertinent to take note of material fa
The court ruled that product debarment must precede firm debarment within procurement frameworks, thereby invalidating the debarment notice due to failure to follow proper procedures in the contract ....
Firm debarment from public contracts requires prior actionable product debarment, ensuring compliance with procedural norms.
A Firm Debarment Notice is invalid if issued by an unauthorized party and violates the principles of natural justice by considering factors not stated in the initial notices.
The rejection of the petitioners' bid was justified based on their debarment for supplying substandard quality drugs, in line with the State's policy to keep such manufacturers out of the tender proc....
Point of Law : Order to fulfill the requirements of principles of natural justice, a show cause notice should meet the twin requirements viz. [i] the material/grounds to be stated which according to ....
A debarment order is not justified if the party being debarred has not violated any contractual obligations, the apprehensions of the other party are not material considerations, the debarment order ....
The principle of natural justice requires that the affected party be given a reasonable opportunity to defend themselves, and any proposed penalty/action should be mentioned specifically and unambigu....
The impugned order violated principles of natural justice and tender conditions, leading to its setting aside by the court.
The decision to blacklist a contractor must follow due process and communicate the intended action clearly in the show cause notice. Non-supply of essential goods during a pandemic can justify blackl....
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