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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
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 period of 3 [three] years from the date of issuance of the impugned Final Debarment Notice in terms of Clause no. 5, Sub-Clause – H, Pt. no. [ii] & Pt. no. [iii] and Sub-Clause – M for default in supply of thirteen nos. of essential drugs against seventeen nos. of Purchase Orders [POs] as per details mentioned in Annexure-A to the Firm Debarment Notice.
2. In order to understand the nature of challenge, the events leading to the issuance of the Firm Debarment Notice would require an exposition : By a Notice Inviting Tender [Framework Agreement] dated
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....
The impugned order violated principles of natural justice and tender conditions, leading to its setting aside by the court.
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 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....
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