Brajdhari Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Brajdhari Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Respondent No. 5 directed to consider the petitioner's pending representation dated 08.09.2025 and pass an appropriate order in accordance with law, after affording due opportunity of hearing to all the stakeholders, within four weeks from receipt or production of a copy of the order; writ application disposed of accordingly; pending applications disposed of. No relief granted on the merits of the debarment order or the show cause notice.

Issue for consideration

Whether the impugned Office Order No. 86 contained in Memo No. 2301 dated 20/06/2023 (Annexure-P/03), whereby the Petitioner has been debarred for an unspecified and indefinite period, is liable to be quashed by certiorari as being in violation of his fundamental and statutory rights. +2 more

Ratio / Principle

Since the petitioner's representation dated 08.09.2025 is still pending consideration before respondent No. 5 and no order has been passed, respondent No. 5 is directed to consider the same and pass an appropriate order, in accordance with law, after affording due opportunity of hearing to all the stakeholders, within a period of four weeks from the date of receipt or production of a copy of the order.

Key takeaways

The writ application is, accordingly, disposed of (without adjudication of the merits of the debarment or of the show cause notice).ratio¶30
Pending application(s), if any, shall stand disposed of (the words 'disposed of.' straddle paras 31 and 32 owing to a page break).ratio¶31

Detailed headnote1 paragraphs

Debarment of contractor — Patna High Court, Division Bench (Sudhir Singh and Rajesh Kumar Verma, JJ.; order per Sudhir Singh, J.), Civil Writ Jurisdiction Case No.17122 of 2025, decided 10-02-2026: Petitioner, a resident of Vaishali, challenged Office Order No. 86 contained in Memo No. 2301 dated 20/06/2023 (Annexure-P/03) issued by the Executive Engineer, Public Health Division, Hajipur (Respondent No. 5), whereby he stood debarred for an unspecified and indefinite period, alleging violation of his fundamental and statutory rights; he further challenged the Show Cause Notice contained in Letter No. 2145 dated 07/06/2023 (Annexure-P/02) as manifestly arbitrary for failing to specify the alleged breach of any clause of the agreement or the proposed punishment, and sought mandamus for removal of his name from the list of debarred contractors published on the departmental website. The Court did not decide the merits: noting that the petitioner's representation dated 08.09.2025 was still pending before respondent No. 5 with no order passed, the Court directed respondent No. 5 to consider the representation and pass an appropriate order in accordance with law after affording due opportunity of hearing to all the stakeholders, within four weeks of receipt or production of a copy of the order. The writ application was disposed of accordingly, and pending application(s) were disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17122 of 2025

======================================================

Brajdhari Kumar Son of Ramadhar Shukla Resident of village- Jalalpur, P.O.Jalalpur, P.S.- Jalalpur, District- Vaishali, Bihar- 844121.

... ... Petitioner/s

Versus

The State of Bihar through the Secretary, Public Health Engineering Department, Government of Bihar, Patna.

The Secretary, Public Health Engineering Department, Government of Bihar, Patna.

The Special Secretary, Public Health Engineering Department, Government of Bihar, Patna.

The Engineer in Chief cum Special Secretary (HQ), Public Health Engineering Department, Government of Bihar, Patna.

The Executive Engineer, Public Health Division, Hajipur, District- Vaishali.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s : Mr. Lalit Kishore, Senior Advocate Mr. Kanishka Shankar, Advocate For the Respondent/s : Mr. Standing Counsel (28)

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and

HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2 10-02-2026

The present writ application has been filed for the following reliefs:

“i) For issuance of a writ in the nature of certiorari for quashing the impugned Office Order No. 86 contained in Memo No. 2301 dated 20/06/2023 (Annexure-P/03) issued by the Respondent No. 5, the Executive Engineer, Public Health Division, Hajipur, wherein and whereby the Petitioner has been debarred for an unspecified and indefinite

Patna High Court CWJC No.17122 of 2025(2) dt.10-02-2026 2/3

period, which is in blatant violation of the Petitioner's fundamental and statutory rights.

ii) For issuance of a writ in the nature of certiorari for quashing the Show Cause Notice contained in Letter No. 2145 dated 07/06/2023 (Annexure-P/02) issued by the Respondent No. 5, which is manifestly arbitrary and illegal, as it fails to specify the alleged breach of any specific clause/term of the agreement or the proposed punishment, thereby denying the Petitioner a meaningful opportunity to be heard.

iii) For issuance of a writ in the nature of mandamus for directing the Respondent authorities to forthwith delist and remove the Petitioner's name from the list of debarred contractors as published on its website.

iv) For any other relief or reliefs for which the Petitioner may be deemed entitled to in the facts and circumstances of the case.”

The petitioner had submitted a representation for redressal of grievance dated 08.09.2025 before respondent No. 5. However, the said representation is still pending consideration and no order has been passed till date.

Considering the nature of the grievance raised by the petitioner in the present writ application and the fact that

Patna High Court CWJC No.17122 of 2025(2) dt.10-02-2026 3/3

representation is still pending consideration, respondent No. 5 is directed to consider the same and pass an appropriate order, in accordance with law, after affording due opportunity of hearing to all the stakeholders, within a period of four weeks from the date of receipt or production of a copy of this order.

The writ application is, accordingly, disposed of.

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

of.

(Sudhir Singh, J)

(Rajesh Kumar Verma, J)

Anushka/-

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