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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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