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Patna High Court

Datapro Computers Pvt. Ltd.versusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The blacklisting order was set aside for failure to comply with natural justice, and the matter was remitted for a fresh show‑cause notice and hearing.

Summary

Datapro Computers Pvt. Ltd. challenged a letter dated 27‑11‑2025 issued by the Bihar Skill Development Mission that blacklisted the company for two years. The petitioner argued that the show‑cause notice was vague, contained no specific charges, and denied a chance to be heard. The High Court examined the notice and the subsequent order and found them deficient in complying with the principles of natural justice. Consequently, the court set aside the blacklisting order and remitted the matter to the authority to issue a fresh, specific show‑cause notice, allowing the petitioner to file a reply and be afforded a personal hearing. The writ petition was allowed.

Issues considered

  • What is the adequacy of the show‑cause notice issued by the Bihar Skill Development Mission?
  • Did the authority violate the principles of natural justice by not providing specific reasons and a hearing before blacklisting?
  • Can the blacklisting order be quashed by certiorari?

Subjects

  • blacklisting
  • show‑cause notice
  • natural justice
  • certiorari
  • writ petition
  • administrative law
  • skill development mission

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.2184 of 2026
                 ======================================================
                 Datapro Computers Pvt. Ltd. a company registered under Companies Act
                 1956 having its registered office at No. 9-14-1, Flat No. 301 and 302, 2nd
                 Floor,    Kotu       Empire,   VIP   Road,     CBMC    Compound,       Siripuram
                 Visakhapatnam, PIN-530003, Andhra Pradesh, India through its authorized
                 representative Rakesh Kumar Tiwari, Male, age about 38 years, Son of Ram
                 Suresh Tiwary, Resident of B-401, Laxmi Uma Plaza, East Lohanipur,
                 Kadamkuhan, Patna, Phulwari, Patna, Kadamkuan, Bihar-800003.




                                                                                ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar through Chief Secretary, Govt. of Bihar, Patna-01.
           2.    The Secretary, Youth Employment and Skill Development Department,
                 Govt. of Bihar, Patna.
           3.    The Mission Director, Bihar Skill Development Mission, Department of
                 Labour Resources, Govt. of Bihar, Patna-01.



                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner        :      Mr. Mrigank Mauli, Sr. Advocate
                 For the State             :      Mr. Md. Nadim Seraj, GP-5
                                                  Mr. Dhuvendra Kumar, AC to GP-5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2   13-02-2026                        Following is the relief sought for in the present writ

                   application:-

                                                       “a) For issuance of Writ in nature of
Patna High Court CWJC No.2184 of 2026(2) dt.13-02-2026
                                              2/4




                                  Certiorari quashing the Letter No. BSDM/ Domain-
                                  108/2025/2605 dated 27.11.2025 (Annexure P/16
                                  passed by Respondent No. 3 wherein the Petitioner
                                  company has been blacklisted for next two years
                                  without considering the facts and circumstances of
                                  the case.
                                                b) For any other relief or reliefs which
                                  the petitioners may be found entitles to in the facts
                                  and circumstances of the case.”


                      2. The show-cause issued to the petitioner is

          Annexure-P/12, which is as follows:-

                             “ BSDM/Domain/108/2025-1550
                                        fcgkj ljdkj
                                      Je lalk/ku foHkkx
                                  fcgkj dkS”ky fodkl fe”ku

          izs’kd]
                   euh’k “kadj
                   fe”ku funs”kd
                   fcgkj dkS”ky fodkl fe”ku]
                   fcgkj] iVukA
          lsok esa]
                   Datapro Computers Pvt. Ltd.
                   No-9-14-1, Flat No.-301 & 302, 2nd Floor,
                   Kotu Empire VIP Road CBM Compound
                   Siripuram Visakhapatnam -530003, Andhra Pradesh

                                                                iVuk] fnukad& 11&07&25
          fo’k;%& vkids laLFkk ds }kjk lapkfyr izf”k{k.k dsUnzksa esa ikbZ xbZ vfu;ferrk
          ds dkj.k laLFkk dks dkyh lwph esa Mkyus ds laca/k esa Li’Vhdj.kA

          egk”k;]
                    mijksDr fo’k; ds laca/k esa dguk gS fd vkids laLFkk ds }kjk lapkfyr
          izf”k{k.k dsUnzksa esa mifLFkfr esa xM+cM+h dh xbZA ;g ,d xaHkhj vfu;ferrk ,oa
          fofRr; ykHk ds mn~ns”; ls fd;k x;k QthZokM+k gSA
                        vr,o RFP ds dafMdk 6-4 esa of.kZr “ While the primary
          objective is to facilitate TPs in achievement of targets, but the
Patna High Court CWJC No.2184 of 2026(2) dt.13-02-2026
                                            3/4




          TPs can default for Corrupt or Fraudulent Practices. First level
          of safeguard against such default by TP is continuous
          monitoring and consultative system which is already in place
          right till the district level. Notices shall be issued to the TPs
          regarding deficiencies detected at various stages. However, even
          after notice and reminder(s), if a TP does not take remedial
          measure; a major step may be taken which might lead to
          blacklisting of the TP” ds vk/kkj ij vkids laLFkku dks 02 o’kksZa ds fy,
          dkyh lwph esa D;ksa ugha Mkyk tk,A
                    mDr ds laca/k esa Li’Vhdj.k ,d lIrkg ds vUnj lefiZr djsaA
                                                               fo”oklHkktu
                                                                  g0@&
                                                               ¼euh’k “kadj½
                                                             fe”ku funs”kd
                                                      fcgkj dkS”ky fodkl fe”kuA”

                        3. Upon bare perusal of the show-cause, it appears

          that the notice is vague. No specific reasons are indicated, nor is

          any     particular     charge      alleged     against   the   petitioner.

          Subsequently, a final order was passed vide Annexure-P/16

          dated 27.11.2025. It is noted that neither the show-cause nor the

          order under challenge specifies the reasons for blacklisting the

          petitioner.

                        4. In view of above, order dated 27.11.2025 is set

          aside. The matter is remitted back to the authority concerned,

          who shall issue a fresh show-cause notice granting the petitioner

          liberty to file a reply thereto and, if necessary, afford a personal

          hearing to the petitioner before passing a final order in

          accordance with law.

                        5. Accordingly, the present writ petition is allowed.
           Patna High Court CWJC No.2184 of 2026(2) dt.13-02-2026
                                                       4/4




                                 6. Pending application(s), if any shall also stand

                     disposed of.



                                                 (Sudhir Singh, J)


                                            (Rajesh Kumar Verma, J)
Sachin/-

U


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