Wednesday, October 1, 2025

Chief Justice P. B. Bajanthri led Division Bench sets aside the communication of South Bihar Power Distribution Company

In M/s Daksha Cable Industries Pvt. Ltd. vs. The South Bihar Power Distribution Company through its Managing Director & Ors. (2025), Patna High Court's Division Bench of Chief Justice P. B. Bajanthri and Justice Alok Kumar Sinha delivered a 3-page long judgement dated September 23, 2025, wherein, it concluded: "the petitioner has made out a case so as to interfere with the communication dated 28.04.2025 (Annexure-P/6) and it is set aside. Respondents are at liberty to initiate a fresh proceeding by issuing show cause notice and seeking petitioner’s explanation. On receipt of petitioner’s explanation, proceed to pass a detailed and speaking order after due consideration of each of the contention to be raised against the show cause notice. The above exercise shall be completed within a period of four months from the date of receipt of this order. 4. Accordingly, writ petition stands allowed." This is 5th judgement authored by Chief Justice Bajanthri.

Justice Bajanthri observed that from the communication dated April 28, 2025, it is quite  clear that "the petitioner has not been heard in the form of issuance of show cause notice and receipt of reply. Impugned decision has a civil consequences on the petitioner. Therefore, petitioner is entitled to show cause notice and other formalities before passing any adverse order."

The petitioner had prayed for issuance of Writ in nature of Certiorari quashing the Letter No.1236 dated April 28, 2025 passed by Respondent No.2, wherein the Petitioner Company has been debarred from Supplying materials (cables) to SBPDCL for next five years.

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