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Patna High Court

M/s Abhinav Raj EnterprisesversusThe Patliputra University

Decided
Disposal
ALLOWED

Holding

The termination order dated 08‑12‑2025 is set aside and the matter remanded for issuance of a fresh, reasoned show‑cause notice, with the petitioner’s services to continue pending compliance.

Summary

The Patna High Court heard a writ petition filed by M/s Abhinav Raj Enterprises seeking to quash a termination order dated 08‑12‑2025 issued by the Principal of Anugrah Narayan College. The petitioner alleged that the termination was arbitrary, violated natural justice, and ignored its satisfactory replies to show‑cause notices. The college contended that the contract contained an arbitration clause, making the writ petition non‑maintainable, and that the termination was lawful. The Court examined whether the show‑cause notices complied with procedural requirements and held that the termination order lacked a proposal for action, thereby breaching natural‑justice principles. It further ruled that the existence of an arbitration clause does not bar a writ when fundamental procedural rights are violated. Consequently, the termination order was set aside, the matter remanded for a fresh, properly reasoned show‑cause notice, and the petitioner’s services were ordered to continue pending compliance.

Issues considered

  • Whether the termination order violates the principles of natural justice and equity.
  • Whether the presence of an arbitration clause bars the filing of a writ petition under Article 226.
  • Whether the show‑cause notice complied with the requirement of stating a proposed action as per the Control Order, 2016.
  • Whether the High Court can entertain the writ despite the availability of an alternative remedy.

Subjects

  • natural justice
  • arbitration clause
  • termination of contract
  • Article 226
  • show cause notice
  • alternative remedy
  • security services
  • contract law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.270 of 2026
                 ======================================================
                 M/s Abhinav Raj Enterprises through its proprietor Sri Nagendra Kumar,
                 male, aged about 39 yrs, S/o- Sri Rameshwar Prasad, R/o- Ghour Dour Road,
                 Rajiv Nagar, Shahid Bhagat Singh Colony, P.S.- Rajiv Nagar, District- Patna.

                                                                                ... ... Petitioner/s
                                                    Versus
           1.    The Patliputra University Patna through its Registrar.
           2.    The Registrar, Patliputra University, Patna.
           3.    The Anugrah Narayan College, Patna through its Principal, A.N. College,
                 Campus, Patna.
           4.    The Principal, Anugrah Narayan College, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Siddhartha Prasad, Adv.
                                        :         Mr. Om Prakash, Adv.
                 For the Respondent/s   :         Mr. Rana Vikram Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

3   20-01-2026                   Heard the learned counsel for the parties.

                                 The present writ petition has been filed for the

                   following relief(s):-

                                                        “a) For issuance of appropriate
                                            writ(s)/order(s)/ direction(s) commanding the
                                            respondents to quash the letter vide Ref. No.
                                            G/1177/2025 dated 08.12.2025, whereby and
                                            whereunder the services of the petitioner's agency
                                            have been terminated by the Principal, A.N.
                                            College, Patna, on the alleged grounds of failure to
                                            submit a satisfactory reply and to ensure
                                            improvement in security arrangements, as well as on
                                            the basis of an alleged meeting of the Security
                                            Committee dated 04.12.2025, in which it was
                                            purportedly decided that the petitioner's services
                                            were unsatisfactory and a recommendation was
                                            made for termination with effect from 01.01.2026,
                                            the said action being arbitrary, violative of the
                                            principles of natural justice, and unsustainable in
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                                  the eye of law.
                                               b) For issuance of appropriate
                                  writ(s)/order(s)/ direction(s) commanding the
                                  respondents to quash the letter vide letter Ref. No.
                                  G/1232/2025 dated 20.12.2025 whereby and
                                  whereunder the petitioner's representation seeking
                                  reconsideration of the termination order dated
                                  08.12.2025 has been rejected, the said rejection
                                  having been made arbitrarily, with mala fide
                                  intention, without application of mind, and in
                                  violation of the principles of natural justice.
                                               c) For issuance of an appropriate writ,
                                  order or direction commanding the respondents to
                                  allow the petitioner's agency to continue providing
                                  security services till 30.06.2027, in terms of the
                                  existing contractual arrangement dt. 11.02.2023,
                                  and further to direct the respondents to release and
                                  pay the entire arrears of dues/payments legally
                                  payable to the petitioner for the services already
                                  rendered.
                                               d) Pass such other order(s) direction(s)
                                  for which the petitioner is entitled to in the facts and
                                  circumstances of the instant case.”



                      3.     Learned counsel appearing on behalf of the

          petitioner submits that the petitioner has been issued the work

          order for providing trained security personnel to the

          Respondent/ College and has been working since 2022 without

          any complaint from any quarters. That the present Principal of

          the Respondent/ College joined the college in the month of

          August, 2025 and thereafter, started levelling all kinds of

          baseless, frivolous and unsubstantiated allegations against the

          petitioner. Learned counsel has stated that prior to the joining of

          the present Principal, the petitioner was issued appreciation
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          letters by the previous Principals for the year 2023 and for the

          year 2025. That the agreement entered between the parties is

          subsisting till 30.06.2027. That after the appointment of the new

          Principal (i.e. the respondent No. 4 herein), she has started

          issuing notices to the petitioner making all kinds of baseless and

          unsubstantiated allegations. That the petitioner has given a

          suitable reply to the said notices. That the Principal of the

          College without considering the reply sent by the petitioner has

          issued the impugned order of termination dated 08.12.2025.

          Learned counsel has drawn the attention of the Court to the

          earlier notices issued by the Principal and also the replies given

          by the petitioner herein and submitted that though the petitioner

          has given suitable replies to the earlier show cause notices, there

          was no logical conclusion to the said show cause notices and

          abruptly the impugned order of termination has been passed on

          08.12.2025. Learned counsel has stated that a perusal of earlier

          show cause notices issued to the petitioner does not reveal that

          any action was sought to be taken by the authority against the

          petitioner and the order of termination does not avert to the

          earlier replies filed by the petitioner. That as a matter of fact, the

          petitioner has been requesting the authority to take necessary

          remedial steps for providing biometric attendance system and
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          also other suggestions for improving the security but without

          heeding to the same, the impugned order of termination has

          been passed. Learned counsel has stated that prior to the

          issuance of the impugned order of termination, a show cause

          notice was issued to the petitioner to which a suitable reply was

          given, however the said show cause notice does not contemplate

          any action against the petitioner that is action sought to be taken

          against the petitioner. That in the absence of any proposal for

          taking any action, the passing of the order of termination of

          agreement is bad in law and opposes the principles of natural

          justice and equity. Learned counsel has therefore, prayed this

          Hon’ble Court to allow the present writ petition by setting aside

          the impugned order of termination dated 08.12.2025.

                      4.    Per contra, the learned counsel appearing on

          behalf of the respondent/ College has vehemently opposed the

          very maintainability of the present writ petition. Learned

          counsel has stated that the authority having found that the

          services rendered by the petitioner were very poor, had put the

          petitioner on notice and thereafter, taken the necessary action

          strictly in accordance with law. Further, learned counsel has

          stated that the agreement between the petitioner and the

          Respondent/ College is a private contract which provides for
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          settlement of disputes by way of arbitration. That the petitioner

          without availing the said remedy has straightaway approached

          this Hon’ble Court by way of the present writ petition and the

          same is not maintainable. Learned counsel has stated that the

          arbitration clause provided in the agreement binds the parties

          and, therefore, the present writ petition is liable to be dismissed

          on this sole ground. Further, it is stated by the learned counsel

          that the petitioner after being put on notices, instead of

          improving his services has been glossing over his mistakes and

          deficiencies. That the authority duly taking note of the facts has

          put the petitioner on notice and after, granting an opportunity of

          filing an explanation has passed the impugned order of

          termination. Therefore, there are no laches or violations of the

          principles of natural justice and equity as alleged by the

          petitioner. Learned counsel has relied on the following judgment

          of the Hon’ble Supreme Court in the case of State of U.P. &

          Ors. vs. Bridge & Roof Company (India) Ltd. reported in

          (1996) 6 SCC 22 and the order passed in Civil Appeal No. 2093

          of 2022 (arising out of SLP [C] No. 19496/ 2021).

                      5.     A perusal of the pleadings reveals that the

          petitioner was given the work order pursuant to the agreement

          entered between the parties from 01.07.2022 till 30.06.2027 and
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          the petitioner has been rendering his services to the respondent/

          College.

                      6. It is pertinent to note that the services rendered by

          the petitioner has been appreciated by the previous Principal of

          the College which is evidenced from Annexure-P/4 dated

          27.03.2025. The factum that the respondent No. 4 herein has

          joined the services of the respondent/ College in the Month of

          August, 2025 has not been denied, the show cause notices

          issued to the petitioner are all dated after the new Principal has

          joined the College.

                      7.    A perusal of the show cause notice issued to the

          petitioner dated 23.08.2025 reveals that the main allegation

          against the petitioner was that the petitioner is not deploying full

          strength of security personnel as mandated by the agreement

          and during one of the inspections made by the Principal, she

          found certain deficiencies in rendering of the services by the

          petitioner. Though the petitioner has given a suitable

          explanation to the said show cause notice, the authority for

          reasons best known has not taken any further action and after

          some time has issued another show cause notice with different

          set of allegations, this exercise continued till the impugned order

          was passed.
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                      8. In this background, it has to be deemed that earlier

          show cause notice for which the explanation has been submitted

          was found to be satisfactory by the authority and the issue

          therein has been resolved or dropped. The petitioner was issued

          show cause notice dated 21.11.2025 and he has given his

          explanation and the impugned order of termination was passed

          on 08.12.2025.

                      9.       A perusal of the show cause notice dated

          21.11.2025 issued to the petitioner reveals that said the

          allegations are made that on physical inspection of the College

          Campus, it was found that the vehicles are parked in a

          haphazard manner on the campus road thereby obstructing the

          traffic, though the deployed guards have repeatedly been told to

          ensure proper parking, there was no improvement and that some

          of the vehicles plying on the campus road are over-speeding and

          the same are not being checked by the security personnel. The

          petitioner was asked to file his explanation and the petitioner

          has given his reply and thereafter, the impugned order of

          termination has been passed. A perusal of the order of

          termination reveals that the authority did not find the

          explanation submitted by the petitioner to be satisfactory. It is

          pertinent to note that in said show cause notice dated
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          21.11.2025, there is no proposal for any action that is sought to

          be taken against the petitioner. The impugned order of

          termination passed by the authority is liable to be set aside on

          this sole ground.

                      10.     A full Bench of this Hon’ble Court while

          interpreting the Rule 27(ii) of the Control Order, 2016 in CWJC

          No. 21202 of 2021 and analogous cases has held as under;

                                              “19. Accordingly, we answer the
                                  reference as under:-
                                              It is mandatory for a licensing authority
                                  issuing a notice under order 27(ii) to a license to
                                  mention that there is a proposal for cancellation of
                                  his license, failing which such notice cannot be
                                  treated to be a valid notice of giving sufficient
                                  opportunity to the licensee to state his case under
                                  order 27(ii) of the BTPDS Control Order. ”



                      11. Though the counsel for the Respondent/ College

          has vehemently opposed the very maintainability of the present

          writ petition on the ground of there being an alternative and

          effective remedy of invoking the arbitration clause as per the

          terms and conditions of the agreement and has relied on the

          above mentioned judgments and orders of the Hon’ble Supreme

          Court.

                      12.     It is to be noted that where there is violation of

          principles of natural justice and equity, the plea of alternate

          remedy cannot be a bar for entertaining a writ petition under
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          Article 226 of the Constitution of India.

                      13.     A perusal of impugned order of termination as

          well as the show cause notice issued to the petitioner reveals

          that the same is in gross violation of the principles of natural

          justice and equity and there is no proposal for either termination

          of the contract or any action that is sought to be taken against

          the petitioner.

                      14. The Hon’ble Supreme Court in Assistant

          Commissioner (CT) LTU, Kakinada and others v Glaxo Smith

          Kline Consumer Health Care Limited has held as under:-

                                       “The High Court noted that although it can
                          entertain a petition under Article 226 of the
                          Constitution, it must not do so that when an aggrieved
                          person has an effective alternate remedy available in
                          law. However, certain exceptions to this "rule of
                          alternate remedy" include where, the statutory
                          authority has not acted in accordance with the
                          provisions of the law or acted in defiance of the
                          fundamental principles of judicial procedure: or has
                          resorted to invoke provisions, which are repealed; or
                          where an order has been passed in violation of the
                          principles of natural justice. Applying this formulation,
                          the High Court noted that the appellant has an
                          alternate remedy available under the GST Act and
                          thus, the petition was not maintainable.”


                      15. In Whirlpool Corporation v. Registrar of

          Trademarks, Mumbai²¹, The Hon’ble Supreme Court after

          reviewing the case law on this point has held as under:
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                                      "14. The power to issue prerogative writs under
                          Article 226 of the Constitution is plenary in nature and is
                          not limited by any other provision of the Constitution. This
                          power can be exercised by the High Court not only for
                          issuing writs in the nature of habeas corpus, mandamüs,
                          prohibition, quo warranto and certiorari for the
                          enforcement of any of the Fundamental Rights contained in
                          Part III of the Constitution but also for "any other
                          purpose".
                                  15. Under Article 226 of the Constitution, the High
                                  Court, having regard to the facts of the case, has a
                                  discretion to entertain or not to entertain a writ
                                  petition. But the High Court has imposed upon itself
                                  certain restrictions one of which is that if an
                                  effective and efficacious remedy is available, the
                                  High Court would not normally exercise its
                                  jurisdiction. But the alternative remedy has been
                                  consistently held by this Court not to operate as a
                                  bar in at least three contingencies, namely, where
                                  the writ petition has been filed for the enforcement
                                  of any of the Fundamental Rights or where there
                                  has been a violation of the principle of natural
                                  justice or where the order or proceedings are
                                  wholly without jurisdiction or the vires of an Act is
                                  challenged. There is a plethora of case-law on this
                                  point but to cut down this circle of forensic
                                  whirlpool, we would rely on some old decisions of
                                  the evolutionary era of the constitutional law as they
                                  still hold the field."
                                                  (emphasis supplied)”
                      16. Having regard to the above, the impugned order

          of termination dated 08.12.2025 is set aside and the matter is

          remanded back to the respondent No. 3 herein for issuing a fresh

          show cause notice containing the reasons for seeking

          termination of the agreement and also the proposed action

          sought to be taken against the petitioner. After issuance of show

          cause notice, the petitioner shall be granted adequate time
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                    preferably a minimum period of ten days for filing his

                    explanation from the date of receipt of the said show cause

                    notice. After receipt of the explanation, the authority shall pass a

                    reasoned order giving the reasons either for accepting the

                    explanation or rejecting the same. Any orders passed shall be

                    communicated to the petitioner.

                                17.      Needless to observe that before passing any

                    order, the petitioner shall be given an opportunity of hearing.

                                18. It is also made clear that till such time the final

                    orders are passed, the services of the petitioner shall be

                    continued.

                                19.      With the above directions, the present Writ

                    Petition stands allowed to the extent indicate.



                                            (A. Abhishek Reddy, J)
Ayush/-

U


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