Patna High Court
Brajdhari KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the pending representation must be considered and an order passed within four weeks, and consequently disposed of the writ petition without granting the reliefs sought.
Summary
The petitioner, Brajdhari Kumar, filed a writ petition challenging an Office Order that debarred him as a contractor and a Show‑Cause Notice that allegedly failed to specify any breach of contract. He sought certiorari to quash both orders and mandamus to have his name removed from the debarred list. The petitioner had earlier submitted a representation on 8 September 2025, which remained pending. The Court observed that the grievance required consideration and directed the Executive Engineer to hear the representation and pass an appropriate order within four weeks. Consequently, the writ petition was disposed of without granting the reliefs sought.
Issues considered
- Whether the debarment Office Order issued without specifying any breach violates the petitioner's statutory and fundamental rights.
- Whether the Show‑Cause Notice is arbitrary and illegal for failing to specify the alleged breach or proposed punishment.
- Whether the Court can issue a writ of mandamus directing the removal of the petitioner's name from the debarred contractors list.
Subjects
- debarment
- public procurement
- writ of certiorari
- mandamus
- administrative law
- fundamental rights
- show cause notice
- Bihar Public Health Engineering Department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17122 of 2025
======================================================
Brajdhari Kumar Son of Ramadhar Shukla Resident of village- Jalalpur, P.O.-
Jalalpur, P.S.- Jalalpur, District- Vaishali, Bihar- 844121.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Public Health Engineering
Department, Government of Bihar, Patna.
2. The Secretary, Public Health Engineering Department, Government of
Bihar, Patna.
3. The Special Secretary, Public Health Engineering Department, Government
of Bihar, Patna.
4. The Engineer in Chief cum Special Secretary (HQ), Public Health
Engineering Department, Government of Bihar, Patna.
5. The Executive Engineer, Public Health Division, Hajipur, District- Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lalit Kishore, Senior Advocate
Mr. Kanishka Shankar, Advocate
For the Respondent/s : Mr. Standing Counsel (28)
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 10-02-2026 The present writ application has been filed for the
following reliefs:
“i) For issuance of a writ in the
nature of certiorari for quashing the impugned
Office Order No. 86 contained in Memo No.
2301 dated 20/06/2023 (Annexure-P/03) issued
by the Respondent No. 5, the Executive
Engineer, Public Health Division, Hajipur,
wherein and whereby the Petitioner has been
debarred for an unspecified and indefinite
Patna High Court CWJC No.17122 of 2025(2) dt.10-02-2026
2/3
period, which is in blatant violation of the
Petitioner's fundamental and statutory rights.
ii) For issuance of a writ in the
nature of certiorari for quashing the Show
Cause Notice contained in Letter No. 2145
dated 07/06/2023 (Annexure-P/02) issued by
the Respondent No. 5, which is manifestly
arbitrary and illegal, as it fails to specify the
alleged breach of any specific clause/term of
the agreement or the proposed punishment,
thereby denying the Petitioner a meaningful
opportunity to be heard.
iii) For issuance of a writ in the
nature of mandamus for directing the
Respondent authorities to forthwith delist and
remove the Petitioner's name from the list of
debarred contractors as published on its
website.
iv) For any other relief or reliefs for
which the Petitioner may be deemed entitled to
in the facts and circumstances of the case.”
2. The petitioner had submitted a representation for
redressal of grievance dated 08.09.2025 before respondent No.
5. However, the said representation is still pending consideration
and no order has been passed till date.
3. Considering the nature of the grievance raised by
the petitioner in the present writ application and the fact that
Patna High Court CWJC No.17122 of 2025(2) dt.10-02-2026
3/3
representation is still pending consideration, respondent No. 5 is
directed to consider the same and pass an appropriate order, in
accordance with law, after affording due opportunity of hearing
to all the stakeholders, within a period of four weeks from the
date of receipt or production of a copy of this order.
4. The writ application is, accordingly, disposed of.
5. Pending application(s), if any, shall stand disposed
of.
(Sudhir Singh, J)
(Rajesh Kumar Verma, J)
Anushka/-
U
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