Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MANISH CHOUDHURY
Protech Telelinks – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. challenge to firm debarment notice issued for supply deficiencies. (Para 1 , 2 , 3) |
| 2. petitioner's status as a qualified pharmaceutical supplier. (Para 4 , 5 , 6) |
| 3. notice of default and timeline for supply delivery issues. (Para 10 , 11 , 12) |
| 4. cumulative delivery status reflects debarment proceedings. (Para 14 , 21) |
| 5. arguments on procurement process and compliance. (Para 16 , 17 , 19) |
| 6. need for adherence to set procedures for debarment. (Para 27 , 29 , 30) |
| 7. court's ruling on quashing firm debarment notice. (Para 31 , 32 , 33) |
JUDGMENT & ORDER :
MANISH CHOUDHURY, J.
In this writ petition under Article 226 of the Constitution of India, assail is made to a Firm Debarment Notice bearing e-File no. : 509791/20138 dated 15.11.2025 [Annexure-XXIII] issued under the hand of the Managing Director, Assam Medical Services Corporation Limited [AMSCL], that is, the respondent no. 3. The Firm Debarment Notice has been issued on the ground of non-supply of thirteen nos. of drugs and seventeen nos. of Purchase Orders [POs] where supplies were found below 90%. By the Firm Debarment Notice, the petitioner has been blacklisted and debarred from participating in any tender for a p
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 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 ....
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 ....
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....
Tender clauses permit EMD forfeiture and contract cancellation without notice for failing performance security; debarment requires specific prior show cause notice per natural justice principles due ....
The impugned order violated principles of natural justice and tender conditions, leading to its setting aside by the court.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
