Facts
The petitioner challenged a communication dated 07.07.2026 suspending its contractor registration until completion of specified road construction and maintenance work
Source reference: para. 3The respondents relied on a notice dated 28.10.2023 alleging fundamental breach of contract and stating that a recommendation for debarment would be made if the breaches were not cured, together with later notices requiring completion of the works
Source reference: paras. 5, 9–11The petitioner contended that it had not received a specific show-cause notice proposing debarment or suspension
Source reference: para. 4The Court confined its review to the fairness of the decision-making process, not the merits of the alleged non-completion
Source reference: para. 8Issues
Whether the notices issued to the petitioner sufficiently specified that debarment or suspension of its contractor registration was proposed, so as to provide a valid opportunity to respond.
Source reference: paras. 8–12Whether the impugned suspension could be sustained in the absence of such notice.
Source reference: paras. 12, 15–16Law Applied
The Court applied the principles of natural justice governing debarment and blacklisting.
Source reference: no citationUnder Gorkha Security Services v. Govt. (NCT of Delhi, (2014) 9 SCC 105), a valid show-cause notice is a prerequisite to debarment and must communicate the proposed action, expressly or by necessary implication, so the affected party can make a meaningful response.
Source reference: para. 12UMC Technologies (P) Ltd. v. Food Corpn. of India, (2021) 2 SCC 551, reiterates that a vague notice referring generally to punitive action is insufficient where blacklisting is contemplated.
Source reference: para. 13The same principle was reiterated in Vetindia Pharmaceuticals Ltd. v. State of U.P., (2021) 1 SCC 804, and A.K.G. Construction & Developers (P) Ltd. v. State of Jharkhand, 2026 SCC OnLine SC 520.
Source reference: para. 13Reasoning
The notice of 28.10.2023 stated only that a recommendation for debarment would be made to the competent authority; it was not itself a show-cause notice from the decision-maker requiring the petitioner to explain why it should not be debarred.
Source reference: paras. 9–10The later notices called for completion of the works and referred generally to punitive action in accordance with law, without specifying blacklisting, debarment, or suspension.
Source reference: paras. 11, 15Further, the impugned action followed almost three years after the 2023 notice, which had not been acted upon by its issuer.
Source reference: para. 14The notices therefore did not provide the specific notice and meaningful opportunity required by the governing precedents.
Source reference: paras. 12–15Holding
The Court held that the impugned communication could not be sustained for breach of natural justice.
It set aside the communication dated 07.07.2026 only insofar as it suspended the petitioner’s registration until completion of the works, without deciding the merits of the work-completion dispute.
Source reference: para. 16The respondents remain at liberty to issue a fresh show-cause notice specifying the proposed action and, after considering the petitioner’s response, take any action permissible by law.
Source reference: para. 16The petition was disposed of without costs, and the Rule was made absolute to that extent.
Source reference: paras. 17–18Original Court PDF
M/S KOLESHWARI INFRACONS PVT. LTD., THROUGH ITS AUTHORIZED SIGNATORY, PRASHANT KUMAR SINGHvsTHE STATE OF JHARKHAND
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