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
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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
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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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