ORDER : 1. This writ petition is under Article 226 of the Constitution of India for quashing order dated 21.08.2019 passed by Dy. Secretary, Rural Development Department, Govt. of Jharkhand, Ranchi, whereby and whereunder the petitioner has been enlisted under the list of debarred contractor on account of the fact that he has not completed the work earlier assigned by virtue of an agreement. 2. Learned counsel for the petitioner, apart from the merit of the case, has also agitated the issue about non-observance of principles of natural justice. It has been submitted that it would be reflected from the impugned order that no show cause notice has been issued upon the petitioner as there is no reference of any show cause notice in the impugned order, and debarment being major penalty in nature since has been issued without observance of principles of natural justice, therefore, the impugned order is in violation of principles of natural justice, hence is not sustainable in the eye of law. 3. Learned counsel for the petitioner further submitted that in the impugned order there is no mention of proposed period of debarment. 4. Ms. Aprajita Bhardwaj, A.C to learned A.G has though sought for time to file counter affidavit but she has failed to defend the impugned order on the ground for violation of natural justice. 5. This Court, after hearing learned counsel for the parties and considering the ground agitated by learned counsel for the petitioner about non-issuance of show cause notice, which deprived the petitioner in bringing facts in his defence before the authority for its consideration, is of the view that even for debarment, an opportunity of hearing is required to be provided to the concerned. 6. Although, the writ petition has been listed under the heading for fresh filing and time has been sought for on behalf of learned counsel for the respondent-State of Jharkhand to file counter affidavit but this Court, after going through the legal position as also on going across the impugned order has found therefrom that the show cause notice admittedly has not been issued to the petitioner. 7. 7. Thus, finding is being given herein by this Court in view of the fact that if the show cause would have been issued to the petitioner it ought to have been referred as also consideration to be made in pursuance to the reply submitted to the said show cause notice but no such fact is available in the impugned order and hence even if time, as prayed for, is allowed to learned counsel for the respondents-State for filing counter affidavit, there is no possibility to improve the impugned order in view of the settled position of law that the impugned order cannot be allowed to be developed by way of an affidavit, as has been held by Hon'ble Supreme Court in the case of Mohinder Singh Gill and Anr. vs. The Chief Election Commissioner, New Delhi and Ors., reported in (1978) 1 SCC 405 pr.8, wherein the Hon'ble Apex Corut at paragraph 8 held as under:- “8.The second equally relevant matter is that when a statutory functionary makes an order based on certain grounds, its validity must be judged by the reasons so mentioned and cannot be supplemented by fresh reasons in the shape of affidavit or otherwise. Otherwise, an order bad in the beginning may, by the time it comes to Court on account of a challenge, get validated by additional grounds later brought out. We may here draw attention to the observations of Bose, J. in Gordhandas Bhanji. Public orders, publicly made........................................ ...............................................................................itself.” 8. In view of such legal position and on going across the impugned order, this Court is of the view that keeping the writ petition pending awaiting for the counter affidavit will ultimately also require the matter to be remitted before the authority for passing appropriate order after issuance of show cause notice to the petitioner for its consideration, therefore, deem it fit and proper to quash the impugned order at this stage. 9. This Court on the basis of reasons, as recorded herein above, deem it fit and proper to quash impugned order dated 21.08.2019. 10. In the result, the matter is remitted before the Dy. Secretary, Rural Development Department, Govt. of Jharkhand, Ranchi to take a fresh decision in this regard by issuing appropriate show cause notice reflecting therein the alleged irregularities and time schedule for filing reply. However, it is upon the petitioner to make response to the show cause. 10. In the result, the matter is remitted before the Dy. Secretary, Rural Development Department, Govt. of Jharkhand, Ranchi to take a fresh decision in this regard by issuing appropriate show cause notice reflecting therein the alleged irregularities and time schedule for filing reply. However, it is upon the petitioner to make response to the show cause. If no response comes within the time schedule, so fixed by the authorities, the concerned authority shall have liberty to proceed in accordance with law. 11. The respondent-authority shall take appropriate decision within a period of six weeks from the date of receipt of reply to show cause notice, if any. 12. With the aforesaid observations and directions, the writ petition stands disposed of.