Patna High Court
Mahavir Pumps Manufacturing Pvt. Ltd.versusThe State of Bihar
- Decided
- Disposal
- ALLOWED
Holding
The debarment was limited to the next tender and therefore ceased to operate, making the rejection of the petitioner’s technical bid unlawful.
Summary
Mahavir Pumps Manufacturing Pvt. Ltd. challenged the rejection of its technical bid for a short‑term re‑tender on the ground that it had been debarred by the Bihar Public Health Engineering Department under memos dated 02‑09‑2020 and 04‑01‑2021. The debarment orders expressly limited the sanction to "the next tender to be notified". The petitioner argued that several tenders have since been issued, so the debarment should have ceased and its bid ought to be considered. The High Court examined whether a debarment that is limited to the next tender can continue indefinitely and whether such continuation violates Rule 11 of the Bihar Contractor Registration Rules, 2007, which requires a specified period for black‑listing or suspension. The Court held that the debarment had indeed expired once the next tender was called and that the department’s reliance on the debarment to reject the technical bid was contrary to the rule. Consequently, the order rejecting the technical bid was set aside and the writ petition was allowed, with the matter remitted to the department for reconsideration of the bid.
Issues considered
- Whether a debarment order limited to "the next tender" continues to operate for subsequent tenders
- Whether the continued effect of such a debarment contravenes Rule 11 of the Bihar Contractor Registration Rules, 2007
- Whether the petitioner’s technical bid can be evaluated despite its name appearing on the debarment list
Subjects
- debarment
- tender
- black‑listing
- Rule 11
- Bihar Contractor Registration Rules
- technical bid
- writ petition
- public procurement
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16693 of 2025
======================================================
Mahavir Pumps Manufacturing Pvt. Ltd. having its registered Office at 4, Ho-
Chi-Minh Sarani, KBR Complex, Kolkata West Bengal- 700071 through its
authorised signatory Debasish Bandyopadhyay, aged about 57 years, Male,
son of late Sudhir Bandyopadhyay, resident of M/3, Chandra Nath Road,
Dilip Math, Tiljala, South 24 Parganas, PS- Tiljala, West Bengal 700039.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Public Health
Engineering Department, Government of Bihar, Patna.
2. The Engineer in Chief-cum- Special Secretary, Public Health Engineering
Department, Bihar, Patna.
3. The Regional Chief Engineer, Public Health Engineering Department,
Bhagulpur Zone, Bhagalpur.
4. The Superintendent Engineer, Public Health Engineering Department, PH
Circle Munger.
5. The Superintendent Engineer, Public Health Engineering Department, PH
Circle Begusarai.
6. The Executive Engineer, Public Health Engineering Department, PH
Division Khagaria, Khagaria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhinav Srivastava, Sr. Advocate
Mr. Nirbhay Prashant, Advocate
For the Respondent/s : Mr. P.K. Shahi, Advocate General
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA)
Date : 13-02-2026
Heard Mr. Abhinav Srivastava, learned Senior counsel
for the petitioner and Mr. P.K. Shahi, learned Advocate General for
the Respondents.
Patna High Court CWJC No.16693 of 2025 dt.13-02-2026
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2. Following reliefs are sought for in the present
application:
“ 1 (i) For issuance of an appropriate writ,
order, or direction quashing and setting aside
the rejection of the petitioner's technical bid
dated 03.10.2025 in the Short Term Re-Tender
NIT No. MMNPY- 04/PHED/KHG-2025-26/
(SBA/SBFe), which was rejected on the basis
of debarment orders dated 02.09.2020 (Memo
No. 2256) and 04.01.2021 (Memo No. 33),
listed at Serial Nos. 152 & 153 in the
debarment list on the official website, as the
debarment orders themselves expressly
contemplated operation "till the next tender"
and have now lapsed, despite which their
continued effect is causing ongoing civil
consequences to the petitioner, including
financial loss, reputational damage, and denial
of legitimate business opportunity.
(ii) Direct the respondents to consider and
evaluate the petitioner's technical bid and
open its financial bid in accordance with the
terms and conditions of the Tender Document;
(iii) Quash the debarment orders dated
02.09.2020 (Memo No. 2256) and 04.01.2021
(Memo No. 33) issued under Sub-rule (ii) of
Rule 11(a) of the Bihar Contractor
Registration Rules, 2007, as arbitrary, illegal,
and without jurisdiction;
Patna High Court CWJC No.16693 of 2025 dt.13-02-2026
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In the alternative, for a declaration that
the debarment orders dated 02.09.2020 (Memo
No. 2256) and 04.01.2021 (Memo No. 33), as
the debarment orders themselves expressly
contemplated operation "till the next tender",
have now ceased to operate, and that their
continued listing is causing ongoing civil
consequences to the petitioner, including
financial loss, reputational damage, and denial
of legitimate business opportunity, and
therefore cannot be enforced against the
petitioner.
(iv) For a direction to the respondents to
remove the petitioner's name from the
debarment list published on the official website
of the Public Health Engineering Department,
Bihar, Patna, as the debarment orders were
operative only till the next tender, have now
ceased to operate, and their continued listing
is causing ongoing civil consequences to the
petitioner, including financial loss,
reputational damage, and denial of legitimate
business opportunity, and therefore cannot be
enforced against the petitioner.
(v) For directing Respondent No. 3 to cancel
the award of contract or the purchase order, if
any;
(vi) For directing the Respondent No. 3 not to
proceed further or issue any order in the Short
Term Re-Tender NIT No. MMNPY-
Patna High Court CWJC No.16693 of 2025 dt.13-02-2026
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04/PHED/KHG-2025-26/(SBA/SBFe) till the
final disposal of this writ;
(vii) Award the cost of present writ petition to
the Petitioner;
(viii) For grant of any other relief or reliefs to
which the petitioner may be found entitled in
the facts and circumstances of the case.”
3. Learned counsel for the petitioner submits that he
does not want to press prayer no. 1(iii) in the writ application.
4. Learned counsel for the State submits that the
petitioner had also submitted its bid in different NIT and upon
being declared successful, different agreements were entered into
by the petitioners with Executive Engineer, PH Division, Khagaria
and an agreement dated 11.10.2019 was executed between the
petitioner and the Executive Engineer, PH Division, Khagaria.
The scheduled date of completion of the work of the different
schemes was six months from the date of execution of work order
and the respondents are bringing on record the work order where
the petitioner has not completed the work within the stipulated
period. Despite repeated oral and written direction to the
petitioner, the petitioner had not taken any interest to expedite the
work of the subject scheme as such the Executive Engineer
requested the Chief Engineer to debar the petitioner with respect to
Patna High Court CWJC No.16693 of 2025 dt.13-02-2026
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Agreement No. MBD-185/2019-20. Pursuant to the aforesaid, the
Chief Engineer issued a show cause notice to the petitioner with a
direction to submit his explanation till 14.07.2020 failing which
appropriate action in accordance with Rules shall be taken against
him. The petitioner even failed to appear in the meeting presided
by the District Magistrate, Khagaria to review the progress of the
subject scheme. Thereafter, the Executive Engineer again issued a
show cause notice dated 09.12.2020 with a direction to submit his
explanation for not taking interest in the work of subject scheme.
The petitioner failed to expedite the work of the subject schemes
and there was no physical progress in the work of the subject
schemes and thereafter the Department had debarred the petitioner
vide order dated 04.01.2021.
5. Learned counsel for the petitioner submits that earlier
the authority has issued the debarment order contained in Memo
No. 33 dated 04.01.2021. The petitioner has challenged the
debarment order contained in Memo No. 33 dated 04.01.2021 in
CWJC No. 14930 of 2025 and the same was dismissed “reserving
liberty to the petitioner to participate in future tender, if he is
otherwise eligible” vide order dated 10.09.2025.
6. Learned counsel for the petitioner submits that the
respondent Executive Engineer, Public Health Division, Khagaria,
Patna High Court CWJC No.16693 of 2025 dt.13-02-2026
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issued a Short Term Re-Tender Notice vide Re-Tender NIT
No. MMNPY-04/PHED/KHG-2025-26/(SBA/SBFe) [hereinafter
referred as “NIT”] ON 19.08.2025 through e-procurement mode
on the official website of eProc2 for the work titled for the work in
question (Annexure-2 of the writ petition).
7. Learned counsel for the petitioner submits that the
respondents uploaded the Financial Bid Sheet, Bill of Quantity
(BoQ), and the Bidding Document on the official website along
with the NIT. The petitioner submitted its tender on 04.09.2025.
Apart from the petitioner, other four participants have also
participated in the said tender. Learned counsel for the petitioner
submits that on the same date i.e. 10.09.2025 when the writ court
has passed the order in CWJC No. 14930 of 2025, the petitioner
was asked to provide clarification with regard to the debarment
listed at Serial No. 153 of the debarment list vide Memo No. 2345
and the same was communicated to the petitioner through an
email dated 10.09.2025. The petitioner filed his clarification on
12.09.2025, stating therein that the said debarment order itself
contemplated operation only in the “next tender” and since the
date of the debarment, various tenders have been invited either by
the Department or in the State of Bihar and therefore, the effect of
the debarment order ceased as soon as the “next tender” was
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invited. Learned counsel for the petitioner further submits that a
meeting of the Technical Committee was held on 03.10.2025
wherein the technical bid of the petitioner was rejected on the
ground that the bidder had been debarred as reflected at Serial
Nos. 152 & 153 of the debarment list and the clarification
submitted by the petitioner was rejected and the same was
communicated to the petitioner vide Letter No. 2502 dated
04.10.2025 requesting him to file objections within three days, if
so advised. The petitioner filed his objection on 06.10.2025,
stating therein that the said debarment order itself contemplated
operation only in the “next tender” and since the date of the
debarment number of tenders have been invited by the
Department or in the State of Bihar, the effect of the debarment
order stood ceased as soon as the “next tender” was invited.
8. The limited issue for consideration before this Court
is whether debarment can continue for an indefinite period
particularly when the order itself mentions ‘debarred in next
tender’ and whether the same is in contravention to Rule 11 of the
Bihar Contractor Registration Rules, 2007.
9. Learned counsel for the petitioner submits that in
view of the aforesaid, it appears that the Department has debarred
only in the “next tender to be notified” and after issuing the
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aforesaid debarment letter, various tenders have been invited either
by the Department or in the State of Bihar, the effect of the
debarment order stood ceased as soon as the “next tender” was
invited. The Technical Committee while rejecting of the
petitioner’s bid ignored this explicit limitation and acted contrary
to the terms of the debarment order. Learned counsel for the
petitioner relied upon Rule 11 of the Bihar Contractor Registration
Rules, 2007, which is quoted hereinbelow:
“11. Black-Listing and Suspension:-
(a) Contractors registered in any of the
classes shall be liable for black-listing or
demotion to a lower class or suspension for a
specified period if he personally or any
partner of the firm or company, or any of its
director(s) or employee(s) or
representative(s) indulge (s) in any of the
following malpractices :-
(i) Indisciplined behavior with any officer or
employee of the concerned department.
(ii) Creating law & order problem in
Government Office during receipt of tender
papers, opening of tenders or any work
related thereto;
(iii) Threatening or attacking any officer or
employee of the department.
(iv) Participating in or boycotting tenders by
forming a cartel.
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(v) On failure to execute the agreement within
the stipulated period after allotment of work if
repeated on more than one occasion.
(vi) Failure to abide by conditions of
Agreement and standing instructions therein
during execution of work.
(vii) Subletting any work without consent of
the department to another contractor or any
other individual.
(viii) Selling Government material like
Cement. Steel and Bitumen etc.
(ix) On submission of false or forged security
as earnest money and forged documents.
(x) On being convicted for any criminal
activity.
(xi) Submission of tender in such circle in
which his close relative(s) is/are posted as
divisional accountant or any officer not below
the rank of junior engineer. Close relative
means husband/wife /mother/father/brother of
sister.
(xii) In the event of a contractor being
blacklisted by any other Government
department.
(b) (i) If any person as mentioned in clause
11(a) of this rule indulges in any malpractice
as described in sub clause (i) to (v) of 11 (a)
then the registration of the concerned
contractor may be demoted to a lower class
permanently. If he indulges in more than one
Patna High Court CWJC No.16693 of 2025 dt.13-02-2026
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malpractice as described in sub clause (i) to
(v) of 11 (a) then the concerned contractor
may be blacklisted.
(ii) If any person as mentioned in clause 11(a)
of this rule indulges in any malpractice as
described in sub clause (vi) to (xii) of 11(a)
then the concerned contractor may be black
listed.
(c) Before black-listing or demoting or
suspending any contractor, he shall be given
an opportunity to show-cause.
(d) The order for black-listing/suspension
shall be passed by the officer who is
competent to register the contractor or by the
officer under whom the registering officer
works.
(e) The contractor can file an appeal within
thirty days against the punishment related
black-listing/demotion/suspension before the
Commissioner and Secretary/Secretary of the
Department.
10. Learned counsel for the petitioner submits that Rule
11 of the Bihar Contractor Registration Rules, 2007, stipulates
that the blacklisting or demotion to a lower class or suspension can
only be for a specified period. In the present case, the authority
has debarred the petitioner only in the “next tender to be notified”
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and after the debarment order dated 04.01.2021, the State authority
as well as Department had issued a number of NIT the effect of the
debarment order ceased as soon as the “next tender” was invited
by the Department. Apart from aforesaid, the Division Bench of
this Court by order dated 10.09.2025 passed in CWJC No. 14930
of 2025 has indicated “reserving liberty to the petitioner to
participate in future tender, if he is otherwise eligible.
11. We have heard learned counsel for the parties.
From perusal of the debarment order dated 04.01.2021, it is
evident that the petitioner was debarred only “in the next tender to
be notified”. Apart from aforesaid, a Coordinate Bench of this
Court in CWJC No. 14930 of 2025 vide order dated 10.09.2025
observed that “reserving liberty to the petitioner to participate in
future tender, if he is otherwise eligible”. It appears that the
petitioner was eligible with respect to NIT in question and Rule 11
of the Bihar Contractor Registration Rules, 2007 stipulates the
blacklisting or demotion to a lower class or suspension for a
specified period, and in the present case the debarment was only
for the next tender to be notified and thereafter a number of
tenders have been invited by the Department so the petitioner is
eligible for consideration for the NIT in question.
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12. In view of the aforesaid, the order dated 03.10.2025
(Annexure-P/7) is set aside. The writ petition stands allowed and
the matter is remitted back to the respondent-authority for
reconsideration of the technical bid of the petitioner in accordance
with law.
13. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
( Rajesh Kumar Verma, J)
Ibrar//-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 24.02.2026
Transmission Date N.A.
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