Patna High Court
Vijay Raj Mewar Construction Co. (P) Ltd.versusThe State of Bihar
- Decided
- Disposal
- ALLOWED
Holding
The debarment order was passed without a valid show‑cause notice and therefore violated the principles of natural justice.
Summary
Vijay Raj Mewar Construction Co. was awarded a tender by the Bihar Building Construction Department and began work after a provisional work order on 19 February 2025, with a contract signed on 26 May 2025. The department issued a debarment order on 27 June 2025, alleging insufficient progress, and barred the company from future tenders without giving a show‑cause notice, prompting the company to file a writ petition. The petitioner argued that the debarment violated the principles of natural justice, particularly the audi alteram partem rule, because no valid notice was served before the adverse order. The respondents contended that a show‑cause notice dated 20 May 2025 had been issued, but the court found that the notice was rendered ineffective by the subsequent agreement and the premature debarment. The court held that the debarment order was passed in gross violation of natural justice and set it aside, directing that any future action must follow due process. Consequently, the writ petition was allowed and the debarment order was vacated.
Issues considered
- Whether a valid show‑cause notice was issued to the petitioner before the debarment order dated 27‑06‑2025.
Subjects
- debarment
- natural justice
- show cause notice
- civil writ
- construction contract
- tender
- audi alteram partem
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19748 of 2025
======================================================
Vijay Raj Mewar Construction Co. (P) Ltd. having its Registered Office at
Ranglalhi, District West Champaran, Bihar through its Director Arvind Kumar
Rai, Male, aged about 52 years, Son of Prem Shankar Rai, Resident of
Madhua, P.S. Dhanaha, District West Champaran, Bihar.
... ... Petitioner
Versus
1. The State of Bihar through Principal Secretary, Building Construction
Department, Government of Bihar, Patna.
2. The Engineer-In-Chief, Building Construction Department, Government of
Bihar, Patna.
3. The Chief Engineer (South), Building Construction Department,
Government of Bihar, Patna.
4. The Executive Engineer, Building Division- Munger, District Munger, Bihar.
... ... Respondent
======================================================
Appearance :
For the Petitioner : Mr. Prabhat Ranjan, Advocate
For the Respondents : Mr. Rakesh Kumar Ranjan, A.C. to G.A.-5
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
Date : 24-06-2026
Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The following reliefs have been sought by the
petitioner in the present writ application.
“1 (i) Quashing of the ex parte order as
contained in Letter No. 769 dated
27.06.2025 (Annexure P/7) by which, the
Respondent No. 4, without issuing any Show
Cause Notice and absolutely without
Patna High Court CWJC No.19748 of 2025 dt.24-06-2026
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jurisdiction has debarred the petitioner from
participating in any further tender till the
time desired progress in the work/project is
not achieved;
(ii) Restraining the Respondent from taking
any coercive and giving effect to the order of
debarment as contained in Letter No. 769
dated 27.06.2025 (Annexure P/7) during the
pendency of the present writ application
and/or the without the leave of this Hon’ble
Court.”
3. The brief facts of the case are that the petitioner
participated in a tender floated by the respondent authorities,
and was declared successful. Pursuant thereto, a Letter of
Acceptance was issued in favour of the petitioner dated
05.02.2025, and a provisional work order was issued dated
19.02.2025. The work/construction was to be started from
19.02.2025 itself, and was to be completed by 18.02.2026.
Thereafter, an agreement was also executed between the parties
dated 26.05.2025. Subsequently, on 27.06.2025 the authorities
issued a debarment order against the petitioner on the ground
that desired progress in the work has not been achieved. It was
further alleged by the authorities that the petitioner has not
shown any interest in completion of the said work and therefore,
the order of debarment is being passed which will be effective
Patna High Court CWJC No.19748 of 2025 dt.24-06-2026
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till the desired progress in work is not achieved. By way of
filing the present writ application, the petitioner has challenged
the debarment order dated 27.06.2025.
4. Learned counsel for the petitioner submits that no
show cause notice was issued to the petitioner before the
impugned action of debarment was taken against him. It is
submitted that the action of debarment being in nature of serious
civil consequence requires an issuance of show cause notice,
and therefore, the impugned order passed by authorities is in
grave violation of principles of natural justice. It is further
submitted that even after the issuance of work order, there was
an encroachment existing on the site of construction. It is
submitted that after the concerned circle officer submitted the
measurement/demarcation of the construction site dated
05.05.2025, the petitioner and respondent authorities entered
into an agreement dated 26.05.2025 whereafter, the petitioner
commenced the work.
5. Learned counsel for the respondent-state submits
that a work order was issued to the petitioner on 19.02.2025,
and the petitioner was supposed to start the work from
19.02.2025 itself. It is further submitted that the site for the
work was also made available to the petitioner on 18.02.2025. It
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is submitted that despite several reminders given to the
petitioner to start and complete the said work, the petitioner
failed to do so, and the desired progress in the work was not
achieved. It is further submitted that the petitioner had already
been issued a show cause notice dated 20.05.2025 (Annexure –
R/C to the counter-affidavit), contemplating the action of the
debarment against the petitioner. It is thus submitted that the
impugned order passed by the authorities does not suffer from
any violation of principles of natural justice.
6. The limited issue that arises for consideration is
that whether before passing of the impugned order dated
27.06.2025, any valid show cause notice was issued upon the
petitioner contemplating the action of debarment against him by
the competent authority.
7. Upon, perusal of materials on record it is evident
that a provisional work order was issued to the petitioner on
19.02.2025. It is further clear that no significant progress was
achieved in the construction/work, and the agreement was
entered into between the parties only on 26.05.2025. It is also
evident that several communications were made to the petitioner
regarding progress of the said work, and even the petitioner had
put forward his concerns before the authorities.
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8. However, one month after the date of agreement the
impugned order of debarment dated 27.06.2025 was passed,
which is well before the date of completion of work, i.e.,
18.02.2026. As such, we fail to understand the need of passing
such an order at this early stage without giving a reasonable
opportunity to the petitioner to show significant progress in
work/construction.
9. Further, debarment is a serious civil consequence
which results in restrictions on future commercial participation.
Thus, an order of debarment must be passed in accordance with
law, and following the principles of natural justice. The rule of
audi alteram partem (hear the other side) is a fundamental tenet
of the principles of natural justice. A show-cause notice provides
the petitioner with a meaningful opportunity to file a
comprehensive reply, thereby ensuring their right to a fair
hearing before any adverse decision is made.
10. A counter affidavit has been filed on behalf of
respondent nos. 1 to 4. As per the counter affidavit, it has been
submitted that the show cause notice was issued upon the
petitioner on 20.05.2025, which is Annexure-R/C to the said
counter affidavit. Interestingly, after the issuance of the said
show cause, the authorities decided to enter into an agreement
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dated 26.05.2025, i.e., within a span of six days from the date of
the said show cause notice.
11. Further, the authorities, proceeded to issue the
order dated 27.06.2025 imposing debarment against the
petitioner. If the authorities had concerns against the petitioner,
appropriate actions could have been taken against the petitioner
before entering into the agreement. Prima facie it appears that
the authorities concerned without any application of mind have
proceeded to issue the impugned order. As such, the issued show
cause notice dated 20.05.2025, cannot be said to be a valid show
cause notice for action taken on 27.06.2025, particularly when
the authorities themselves entered into an agreement dated
26.05.2025.
12. Considering the aforesaid, we are of the view that
the impugned order dated 27.06.2025 is passed in gross
violations of principles of natural justice, without issuance of
any valid show cause notice.
13. Accordingly, the order dated 27.06.2025
(Annexure P – 7 to the Writ Petition) is set aside. However, it is
made clear that the respondent authorities would be at liberty to
take necessary action in accordance with law after following the
principles of natural justice.
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14. With the aforesaid observations and direction, the
present writ application stands allowed.
15. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Ranjan Kumar Jha, J)
U.K./-
AFR/NAFR AFR
CAV DATE N/A
Uploading Date 29.06.2026
Transmission Date N/A
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