THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Anamika Udyog – Appellant
Versus
Principal Secretary Govt. Of Assam Health And Pw Deptt – Respondent
| Table of Content |
|---|
| 1. factual history regarding tender disputes and laboratory testing protocols. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 2. parties argument regarding the validity of show cause notices. (Para 19 , 20 , 21) |
| 3. non-interference of writ court at show cause stage absent jurisdictional abuse. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 4. directions for personal hearing before final decision making. (Para 32) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. D. Senapati, the learned counsel appearing on behalf of the Petitioner. Mr. B. Gogoi, the learned Additional Advocate General appears on behalf of the Respondent Nos. 1, 2 and 3 and Dr. P. Agarwal, the learned counsel appears on behalf of the Respondent No. 7.
2. None has appeared on behalf of the other Respondents.
3. The Petitioner by way of the present writ petition has challenged before this Court the 2 (two) show cause notices issued on 13.02.2022 and 18.06.2022 as well as the communication dated 04.11.2022.
BRIEF FACTS
4. The brief facts leading to the filing of the present writ petition are that pursuant to an e-Tender issued by the Mission Director, National Health Mission
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.
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 ....
Firm debarment from public contracts requires prior actionable product debarment, ensuring compliance with procedural norms.
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