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Patna High Court

V. B. BuildcomversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The appellate order upholding the blacklisting is valid, but the petitioner may make a representation regarding the quantum of punishment before the Additional Chief Secretary.

Summary

The petitioner, V.B. Buildcom, challenged a two‑year blacklisting order issued by the Engineer‑in‑Chief of the Rural Works Department, alleging that the order was arbitrary, violated natural‑justice principles and infringed its fundamental right to trade under Article 19(1)(g). The blacklisting stemmed from alleged submission of forged documents in an e‑tender for a PMGSY‑III bridge project, leading to a show‑cause notice and dismissal of the petitioner's appeal. The court examined whether the documents contravened Rule 11(a)(ix) of the Bihar Registration of Contractors Rules, 2007, which penalises submission of false or forged documents. It found no infirmity in the appellate authority’s order and held that the blacklisting was within the statutory framework. However, the court directed that the petitioner may file a representation before the Additional Chief Secretary concerning the quantum of punishment, with an opportunity of hearing for all stakeholders. The application was consequently disposed of, with the direction that any pending applications also stand disposed.

Issues considered

  • Whether the blacklisting order violated the principles of natural justice and the petitioner’s fundamental right to trade and profession under Articles 14 and 19(1)(g) of the Constitution.
  • Whether the documents submitted by the petitioner amounted to a violation of Rule 11(a)(ix) of the Bihar Registration of Contractors Rules, 2007.

Legislation cited

Subjects

  • blacklisting
  • natural justice
  • fundamental rights
  • Article 14
  • Article 19(1)(g)
  • procurement
  • tender
  • forged documents
  • Rule 11(a)(ix)
  • contractor registration

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1438 of 2026
                 ======================================================
                 V. B. Buildcom through its authorized representative namely Diwakar Kumar
                 (Reg. No.1200261), Male, aged about 43 years, S/o- Deo Narayan Bhagat,
                 Resident of Bhagat Tola, Ward No.- 28, P.S. Araria, District Araria Pin Code-
                 854311.

                                                                                ... ... Petitioner
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Rural Works
                 Department, the Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Rural Works Department Government of
                 Bihar, Patna.
           3.    The Secretary, Rural Works Department Government of Bihar, Patna.
           4.    The Engineer -in- Chief, Rural Works Department Government of Bihar,
                 Patna.
           5.    The Chief Engineer, Rural Works Department, Purnea.
           6.    The Superintending Engineer, Rural Works Department the Work Circle,
                 Kishanganj.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner    :        Mr. Vijay Kishore Bharti, Advocate
                 For the Respondents   :        M/S Nivedita Chaudhary and Prateek Kumar
                                                Singh, A.C. to G.A. 5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2   09-02-2026                 Heard learned counsel for the petitioner and learned

                   counsel for the respondents.

                               2. The following reliefs have been sought for by the

                   petitioner in the present writ application:

                                           “1(a) For issuance of a writ in the nature of
                                           certiorari   for   quashing     of     the    order
                                           communicated vide Letter bearing Memo
Patna High Court CWJC No.1438 of 2026(2) dt.09-02-2026
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                                  No. 10706 dated 09.10.2025 issued by the
                                  respondent Engineer-in-Chief, Rural Works
                                  Department, Government of Bihar, Patna,
                                  whereby the petitioner bearing Registration
                                  No. 1200261 has been blacklisted for a
                                  period of 02(two) years unreasonable,
                                  arbitrary and illegal manner, as well as the
                                  order passed on 05.12.2025 passed by the
                                  Secretary, Rural Works Department in
                                  appeal filed by the petitioner communicated
                                  vide Memo No. 12464 dated 11.12.2025.
                                  (b) For further restraining the respondents
                                  from depriving the petitioner or in any
                                  manner, affecting the participation of the
                                  petitioner in any of the tenders invited by
                                  any Government Department of the State of
                                  Bihar and any of the Corporation or
                                  Company etc., in light of the impugned
                                  office, arbitrary and violative of principles
                                  of natural justice.
                                  (c) For holding and a declaration that the
                                  impugned office order blacklisting the
                                  petitioner for a period of 02 (two) years from
                                  the date of its issuance suffers from the error
                                  of violation of principles of natural justice
                                  for being non-speaking, disproportionate
                                  and mechanical and as such fit to be
                                  quashed and set aside by this Hon’b le
                                  Court.
                                  (d) For further holding and a declaration
Patna High Court CWJC No.1438 of 2026(2) dt.09-02-2026
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                                  that the impugned office order having not
                                  dealt with the issues of facts as well as law
                                  raised by the petitioner on the one hand and
                                  having drastic consequences of suspending
                                  the whole business activity of the petitioner
                                  as a contractor on the other hand for a
                                  period of 02 (two) years is violative of the
                                  fundamental rights of the petitioner for
                                  freedom of trade and profession in terms of
                                  Article 19(1) (g) of the Constitution of India.
                                   (e) For grant of any other relief or reliefs to
                                   which the petitioner is found entitled to in
                                   the facts and circumstances of the case.
                                  (f) Whether the impugned order passed by
                                  the respondent nos. 3 sand 4 do not violate
                                  the fundamental rights guaranteed under
                                  Article 14 and 19(1)(g) of the Constitution of
                                  India.?
                        3. It is submitted by learned counsel for the petitioner

          that the petitioner had participated in an e-Tender (I.D. No.

          140344) for construction of RCC Bridge under Works Division,

          Araria under the Pradhan Mantri Gram Sadak Yojana-III. As

          required, the petitioner submitted details of two key personnels,

          namely, Er. Arun Kumar and Er. Ankur Kumar. During scrutiny,

          the Technical Bid Evaluation Committee found violation of

          Clause 4.4B(b)(ii) of SBD (PMGSY-III), whereupon the

          Department issued a show cause dated 25.08.2025. The
Patna High Court CWJC No.1438 of 2026(2) dt.09-02-2026
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          petitioner submitted a reply to the said show cause on

          08.09.2025.

                          4. The case of the Department is that forged

          documents were submitted alongwith the technical bid, and

          therefore, an order was passed against the petitioner. Against the

          said order, an appeal was preferred by the petitioner, which was

          also dismissed vide order dated 05.12.2025.

                        5. The issue for consideration before this Court is

          whether the documents submitted by the petitioner alongwith

          the technical bid were in violation of the provisions of the Bihar

          Registration of Contractors Rules (Rural Works Department),

          2007, particularly Rule 11(a)(ix), which is reproduced

          hereinbelow:-.

                                  “11 Black-Listing and Suspension:-
                                  (a) (ix) On submission of false or forged
                                  security as earnest money and forged
                                  documents.”
                          6. Upon consideration of the materials on record,

          this Court finds no infirmity in the order passed by the Appellate

          Authority. However, the petitioner will be at liberty to make a

          representation before respondent no. 2 namely, the Additional

          Chief Secretary, Rural Works Department, Government of

          Bihar, Patna, limited to the issue of quantum of punishment. In
         Patna High Court CWJC No.1438 of 2026(2) dt.09-02-2026
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                   the event such a representation is filed, respondent no. 2,

                   namely,      the    Additional      Chief      Secretary,   Rural   Works

                   Department, Government of Bihar, Patna, shall consider the

                   same, afford an opportunity of hearing to all the stakeholders

                   and pass an appropriate order in accordance with law.

                                   7. With the aforesaid observation and direction, the

                   present application stands disposed of.

                                   8. Pending application (s), if any, shall also stand

                   disposed of.


                                                           (Sudhir Singh, J)


                                                     (Rajesh Kumar Verma, J)

U.K./-
U


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