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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Jind Surgicals – Appellant
Versus
State of Assam – Respondent
| Table of Content |
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| 1. establishing the factual framework of the procurement contract and the subsequent dispute arising from the debarment order. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. opposing contentions regarding the validity of debarment proceedings without prior show-cause notice versus the state's duty to protect public health. (Para 13 , 14 , 23) |
| 3. the principle of natural justice necessitates a show-cause notice and disclosure of reliance material (investigation reports) before administrative blacklisting. (Para 15 , 16 , 17 , 18 , 19 , 20 , 25 , 26 , 27 , 28 , 29 , 30) |
| 4. specific findings detailing the procedural shortcomings in the issuance of the debarment notice due to lack of transparency. (Para 21 , 22 , 24) |
| 5. judicial intervention and setting aside of punitive orders when non-disclosure of critical underlying reports constitutes a breach of natural justice. (Para 31 , 32 , 33 , 34) |
JUDGMENT :
MANISH CHOUDHURY, J.
1. Taking exception to a Firm Debarment Notice bearing no. 746365 dated 02.02.2026 [‘Debarment Notice’] passed by the Managing Director, Assam Medical Services Corporation Limited [the respondent no. 3], the petitioner has instituted the present
Administrative authorities must strictly adhere to principles of natural justice when taking punitive actions such as blacklisting. This requires issuing a prior show cause notice with specific alleg....
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.
Firm debarment from public contracts requires prior actionable product debarment, ensuring compliance with procedural norms.
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 requirement for a fair hearing and a specific show cause notice before imposing the severe civil consequence of blacklisting, and the need for the authority to determine the period of punishment ....
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