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IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S.SONAK, C.J, SUJIT NARAYAN PRASAD
Waris Buildcon (I), Private Limited – Appellant
Versus
State Of Jharkhand, Through The Secretary, Road Construction Department – Respondent
| Table of Content |
|---|
| 1. petition challenges debarment notice (Para 2 , 3 , 16) |
| 2. arguments against the debarment validity (Para 4 , 5 , 6 , 7) |
| 3. respondents defend debarment action (Para 8 , 10 , 11) |
| 4. court's consideration of natural justice compliance (Para 13 , 14) |
| 5. public interest in project abandonment (Para 17 , 18 , 20) |
| 6. decision-making process under scrutiny (Para 19 , 21) |
| 7. contradictory pleas affect petitioner’s case (Para 22 , 23 , 24) |
| 8. final dismissal of petition (Para 25 , 26) |
JUDGMENT :
1. Heard the learned counsel for the parties.
2. The petitioner challenges letter dated 22.02.2025 whereunder the decision has been taken to treat the period from 30.03.2022 to 31.07.2024 as a period of debarment of the petitioner as a contractor.
3. Admittedly, this period has concluded. However, the learned counsel for the petitioner submitted that the order casts stigma on the petitioner and, therefore, this petition should be entertained to find out whether the impugned letter/debarment passes the constitutional muster.
4. The learned counsel for the petitioner submitted that the petitioner had raised a dispute which was referred to Arbitration. In the arbitration proceedings, a prelimina
The court upheld the debarment of the contractor, ruling the action was not arbitrary and justified due to significant breaches impacting public interest, distinguishing it from minor breach preceden....
The Court emphasized that contractual disputes, including debarring decisions, should be challenged before the arbitrator as per the remedies provided under the contract.
Tender Process - Maintainability of Writ - It is settled legal position that if an authority acts in an arbitrary matter even in a matter of contract, an aggrieved party can approach Court by way of ....
Debarment from future tenders without a hearing constitutes a violation of natural justice and is treated as blacklisting requiring a specific show cause notice.
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