JABALPUR, India, March 31 -- Madhya Pradesh High Court issued the following judgment/order on Feb. 27:

1. Petitioner is aggrieved by an office order dated 23.01.2026, whereby the petitioner has been declared as a non performer. Petitioner is also aggrieved by an order dated 17.02.2026, whereby a decision has been taken by the respondents to carry out balance work at the risk and cost of the petitioner. Petitioner is also aggrieved by the order dated 20th February, 2026, whereby the petitioner has been debarred for a period of one year from participating in the National Highway Projects and other Centrally Sponsored Road Projects.

2. Learned counsel for the petitioner submits that insofar as the declaration of petitioner as a non performer and execution of the balance work at the risk and cost of the petitioner is concerned, petitioner reserves the right to initiate appropriate proceedings under the Alternate Dispute Resolution Mechanism. He restricts his prayer to the issue of debarment.

3. Issue notice to the limited extent of debarment.

4. Notice is accepted by learned counsel appearing for the respondent No. 2 to 5.

5. With the consent of parties, petition is taken up for the purpose of final disposal.

6. Learned counsel appearing for the respondent No. 2 to 5 relies on show cause notice dated 08.10.2025 and contend that petitioner was duly put to notice prior to any action being taken. Reference may be had to notice dated 08.10.2025 which reads as under;-

''Accordingly, you are hereby called upon to show cause, in writing, within15 (Fifteen) days from the date of receipt of this notice as to why action should not be initiated to declare your firm as a Non-Performer, and further action taken under the provisions of the EPC Agreement, the applicable guidelines of the Authority, and the Standard Operating Procedure (SOP) dated 06.10.2021 issued by the Ministry of Road Transport and Highways, Government of India.

If a personal hearing is required in this matter, you may submit a written request to the undersigned within 15 (Fifteen) days from the date of receipt of this notice. You are advised to treat this matter as most urgent.''

7. We note that no specific notice has been issued to the petitioner requiring the petitioner as to why petitioner should not be debarred though there is a reference to a proposed action being taken against the petitioner under the provisions of EPC, applicable guidelines and standard operating procedure. We note such a clause has been held to be not a clause to be a sufficient notice to the tenderer with regard to debarment.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2026/WP/7331/WP_7331_2026_FinalOrder_27-02-2026_digi.pdf)



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