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 Patna High Court

Debarment Cant Continue After Contractor Completes Work Accepted By Department: Patna High Court

The Patna High Court has held that a contractor's debarment cannot continue after the work for which the debarment was imposed has been completed and accepted by the department. The Court observed that in the absence of a fresh order extending the debarment or assigning reasons for its continuance, such debarment assumes the character of an impermissible indefinite debarment.A Division Bench...

Tender Cant Be Cancelled Citing Expiry Of Bid Validity After Invoking Extension Clause: Patna High Court

The Patna High Court has held that once a tendering authority invokes the contractual mechanism for extension of bid validity and obtains the bidders' consent, it cannot subsequently justify cancellation of the tender solely on the ground that the original bid validity period expired. The Court held that such a course is inconsistent with the scheme of the Standard Bidding Document...

PDS Contractor Accused Of Diverting Foodgrains For Black Marketing Can Be Blacklisted Without Awaiting Trial: Patna High Court

The Patna High Court has held that a contractor engaged for transportation of foodgrains under the Public Distribution System (PDS) can be blacklisted and have the contract terminated without awaiting the outcome of criminal proceedings arising from allegations of diversion of foodgrains for black marketing. The Court observed that contractual action is distinct from criminal liability and may...

Rules Cant Be Changed After Recruitment Process Substantially Concludes: Patna High Court Quashes Cancellation Of Teachers District Allotment

The Patna High Court has held that statutory amendments cannot be applied retrospectively to alter the substantive conditions of a recruitment process that had already substantially concluded under the unamended rules. The Court held that once local body teachers had qualified the competency test, secured district allotment based on merit and preferences, completed counselling and...

Govt Housing Schemes Cant Meet A Dead-End: Patna High Court Pulls Up Officials Over 16-Year Delay In Settlement For Landless Families

The Patna High Court has observed that government welfare schemes meant to provide housing to landless and poor persons cannot be allowed to “meet a dead-end” because of the callous and indifferent approach of government officials. The Court directed the concerned authorities to decide the petitioners' long-pending claim for settlement of land and issuance of a No Objection Certificate...

AICTEs Annual Approval No Bar To Permanent University Affiliation; Registrar Cant Override Statutory Bodies Decision: Patna High Court

The Patna High Court has held that the annual Extension of Approval (EoA) granted by the All India Council for Technical Education (AICTE) does not bar a university from granting permanent affiliation under the Bihar State Universities Act. It further held that a University Registrar cannot unilaterally alter a recommendation for permanent affiliation approved by the University's...

Phrase Take Action In Accordance With Law Doesnt Permit Fresh Adjudication Of Concluded Issues: Patna High Court

The Patna High Court has held that a direction to an authority to “take action in accordance with law” cannot be construed as permitting it to reopen issues already concluded by a statutory appellate authority or undertake a fresh adjudication on the merits.A Single Judge Bench of Justice Alok Kumar Sinha held that the Bihar State Madarsa Education Board could not re-examine the...

Attempting To Remove Salwar, Pressing Chest Not Attempt To Rape; Amounts To Outraging Modesty : Patna High Court

The Patna High Court has held that allegations of attempting to remove a woman's salwar and physically molesting by pressing her chest, without evidence of penetration or any overt act unequivocally establishing an intention to commit rape, do not constitute the offence of attempt to rape.Observing that the allegations "at best" disclosed an offence of outraging the modesty of a woman...

Tender Cancellation Clause Cant Be Used To Record Findings Of Forgery Without Hearing Bidder: Patna High Court

The Patna High Court has held that while a tendering authority may reserve the contractual power to cancel a tender without assigning reasons, such a clause cannot be used to record findings that a bidder indulged in forgery, fraud or other misconduct without first affording the bidder an opportunity of hearing. The Court held that once findings carrying a stigma and adverse civil...