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Patna High Court

Gopal Saw Waste Paper Ltd.versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court did not set aside the debarment order but permitted the petitioner to seek a refund of the bank draft through a representation before the BPSC, and disposed of the writ petition.

Summary

Gopal Saw Waste Paper Ltd., a small vendor, filed a writ petition challenging a debarment and black‑listing order dated 26‑09‑2025 issued by the Bihar Public Service Commission (BPSC) and seeking the return of a Rs.2,00,000 bank draft deposited with its tender documents. The petitioner later limited his prayer to the return of the bank draft, citing financial hardship. The High Court, after hearing counsel, declined to set aside the debarment order but allowed the petitioner to file a representation before the BPSC Secretary within four weeks for the refund. The Court directed the BPSC to consider the representation sympathetically and dispose of it within two weeks after giving a hearing to all stakeholders. Consequently, the writ petition was disposed of.

Issues considered

  • What is the appropriate remedy for a petitioner seeking the return of a bank draft after a debarment order?
  • Whether the High Court can set aside the BPSC's debarment and black‑listing order in the present circumstances?

Subjects

  • debarment
  • black‑listing
  • Bihar Public Service Commission
  • public procurement
  • bank draft refund
  • financial hardship
  • writ petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.17961 of 2025
                 ======================================================
                 Gopal Saw Waste Paper Ltd. Through its Proprietor, Gopal Saw @ Gopal,
                 male, aged about 49 years, resident of mohalla- Kanti Niwas, Near Gharaunda
                 Apartment, P.S.- Kadamkuan, District- Patna. At present- Resident of
                 mohalla- Jeetu Sav lane, Bhimni Chak, P.O.- Ainkhan, P.S.- Dulhin Bazar,
                 District- Patna.

                                                                           ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Additional Chief Secretary, Departmental of
                 General Administration, Government of Bihar, Patna.
           2.    The Additional Secretary,           Department     of   General Administration,
                 Government of Bihar, Patna.
           3.    The Bihar Public Service Commission, Patna through its secretary.
           4.    The Chairman, Bihar Public Service Commission, Patna.
           5.    The Secretary, Bihar Public Service Commission, 15, Nehru Path (Bailey
                 Road), Patna.
           6.    The Deputy-Secretary, Bihar Public Service Commission, 15, Nehru Path
                 (Bailey Road), Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :       Mr. Rajesh Kumar, Advocate
                 For the State              :       Mr. M.N. H. Khan, SC-1
                                            :       Ms. Babita Kumari, AC to SC-01
                 For the BPSC               :       Mr. Sanjay Pandey, Advocate
                                            :       Mr. Nishant Kumar Jha, Advocate
                                            :       Mr. Prabhakar Pahepuri, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

3   29-01-2026                          Heard learned counsels for the parties.

                                    2. The present writ petition has been filed for the

                   following reliefs:-

                                            "I.   For setting aside the order of Debarment-
                                                  cum-Black listing order dated - 26/9/2025
                                                  issued under the signature of Secretary,
Patna High Court CWJC No.17961 of 2025(3) dt.29-01-2026
                                            2/3




                                      Bihar Public Service Commission, Patna
                                      (B.P.S.C.) (Annexure-4) and also the
                                      petitioner has been barred from any other
                                      work tenders issued under the signature of
                                      Secretary     B.P.S.C.,     Patna      and   also
                                      issuance of necessary direction/directions
                                      that the petitioner may further permitted
                                      to proceed further in pursuant to earlier
                                      work tender issued in the favor of the
                                      petitioner named above.
                                II.   And    also    to   consider     the    detailed
                                      representation dated-20/8/2025 submitted
                                      before the Secretary B.P.S.C. by the
                                      petitioner pending since long and stating
                                      all the difficulties being faced by the
                                      present petitioner regarding collection of
                                      the    materials     and       other     difficult
                                      circumstances       being    faced      by    the
                                      petitioner in complying the aforesaid
                                      tender."
                          3. After some arguments, learned counsel for the

          petitioner submits that he does not wish to press the present writ

          petition on merits and confines the relief only to the extent of

          returning back the bank draft of Rs. 2,00,000/-, which was

          deposited by the petitioner alongwith the tender documents. It is

          further submitted that the petitioner is a petty vendor having an

          annual income of around Rs. 3,00,000/- as reflected in his I.T.R.

          return and is presently facing a financial hardship.

                          4. Considering the fact that the petitioner has
          Patna High Court CWJC No.17961 of 2025(3) dt.29-01-2026
                                                     3/3




                    confined his prayer to the aforesaid limited extent, the petitioner

                    is permitted to file a representation before the Secretary, Bihar

                    Public Service Commission, Patna (respondent No. 5) within a

                    period of four weeks from today.

                                    5. In the event such a representation is filed seeking

                    to return back the bank draft of Rs. 2,00,000/-, the respondent

                    No. 5 shall consider the same sympathetically, keeping in mind

                    the financial condition of the petitioner and shall dispose of the

                    representation, preferably within a period of two weeks from the

                    date of receipt of such representation after giving opportunity of

                    hearing to all the stakeholders.

                                6. With the aforesaid observation, the present writ

                    application stands disposed of.

                                7. Pending application(s), if any, shall stand disposed

                    of.



                                                (Sudhir Singh, J)


                                               ( Ritesh Kumar, J)
Ajay/Rajesh

U


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