IN THE HIGH COURT AT CALCUTTA (Constitutional Writ Jurisdiction)

APPELLATE SIDE Present:

The Hon’ble Justice Krishna Rao WPA No. 26915 of 2025 Helax Healthcare Private Limited Versus State of West Bengal & Ors.

Mr. Jishnu Choudhury, Sr. Adv.

Ms. Tannya Baranwal Mr. Andolan Sarkar Mr. Afsar Ali Ms. Meena P .....For the petitioner.

Mr. Vivekananda Bose, Ld. Jr. S.C.

Mr. Tirthankar Dey .....For the State.

Hearing Concluded On : 15.12.2025 Judgment on : 17.12.2025 Krishna Rao, J.:

1. The petitioner has filed present writ application praying for quashing and setting aside the impugned order of blacklisting and debarment dated 26th September, 2025, issued by the respondents and restraining the respondents from invoking, encashing or forfeiting the Performance Bank Guarantee of Rs. 30,00,000/- submitted by the petitioner as per Notice inviting E-Tender issued by the Deputy Director of Health Services (E&S), West Bengal, dated 23rd October, 2024, the petitioner has participated in the said tender.

2. On opening of the tender, the petitioner was declared as L1 bidder for supply of Telmisartan Tablet IP 40 mg. and accordingly, Performance Bank Guarantee of Rs. 30,00,000/- executed by the Central Bank of India, Roorkee Branch in favour of the respondent no. 1 for the petitioner. The respondents have issued notices to the petitioner informing that the medicine supplied by the petitioner does not comply of Indian Pharmacopoeia (IP) with respect to description and dissolution. The petitioner has forwarded in-house Quality Control report and NABL laboratory report wherein it reveals that the medicine Telmisartan Tablet 40 mg. was standard quality as per specification. The petitioner also requested the respondent no. 1 for sample collection details, test report, filtration method used, and expressed its readiness to participate in joint analysis.

3. The respondents have issued notices to the petitioner for personal hearing and also informed that if, supply status of drugs with standard quality do not improve within one month, then penal action would be taken against the petitioner. Lastly on 16th September, 2025, the respondents have issued notice to the petitioner directing the petitioner to appear for personal hearing on 23rd September, 2025 and to explain why the penal action shall not be initiated against the petitioner as per the terms and conditions of the tender.

4. On 26th September, 2025, the respondent no. 1 had issued an order by imposing penalty of blacklisting for the item “Telmisartan Tablet I.P. 40 mg.” upon the petitioner and also debarred the petitioner from participating in the tenders of the Central Medical Stores (CMS) for three successive years from the date of issue of the order with forfeiture of Performance Security/ Bank Guarantee.

5. Mr. Jishnu Choudhury, Learned Senior Advocate representing the petitioner submits that though the respondents have issued the notices to the petitioner for personal hearing but in the said notice, it is not mentioned that the respondents will impose penalty of blacklist and debarment. He further submits that the petitioner has been blacklisted on the ground that the petitioner has supplied non-standard quality of drugs but the respondents have not supplied the laboratory test report on the basis of which the respondents came to know that the petitioner has supplied the non-standard quality of medicine.

6. Mr. Choudhury submits that the respondent authorities have issued the order of blacklist and debarment against the petitioner without informing that the respondents will impose penalty upon the petitioner for blacklist and debarment is in violation of natural justice and thus the same is liable to be set aside.

7. Mr. Choudhury further submits that the respondents have relied upon the test report on the basis of which the notices were issued that the petitioner has supplied non-standard quality of medicine but the report has not been supplied to the petitioner inspite of request made by the petitione