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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that the corporation’s cancellation of the agreement, forfeiture of the EMD, and three‑year blacklisting were within its statutory powers under the NIT and were not disproportionate, thus the writ petition was dismissed.

Summary

The petitioner, Chandan Kumar, had been awarded a transportation contract under NIT No. 1350 and entered into an agreement with the Bihar State Food and Civil Supplies Corporation. After about three and a half months of performance, the corporation issued a show‑cause notice alleging discrepancies in the turnover certificate and audit reports, which were later found to bear the same UDIN number, raising doubts about their authenticity. The corporation cancelled the agreement, black‑listed the petitioner for three years and forfeited his EMD, actions upheld by the appellate authority. The petitioner challenged these actions before the Patna High Court, arguing that the documents were not forged and that the penalties were disproportionate. The Court examined the relevance of the NIT clauses on forgery and misrepresentation, the doctrine of proportionality, and precedents on the inherent power to blacklist, concluding that the corporation’s actions were within its statutory authority and not excessive. Consequently, the Court dismissed the writ petition.

Issues considered

  • The validity of the corporation’s cancellation of the contract and imposition of blacklisting and EMD forfeiture on the ground of alleged forged audit documents.
  • Whether the lack of distinct UDIN numbers for audit reports renders the documents fraudulent and justifies the penal actions.
  • Whether the corporation’s actions are proportionate and comply with principles of natural justice and administrative law.

Subjects

  • blacklisting
  • public procurement
  • tender cancellation
  • forgery
  • audit report
  • proportionality
  • administrative law
  • contract termination
  • EMD forfeiture

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.16811 of 2025
                 ======================================================
                 Chandan Kumar Son of Shri Gorelal Singh, Resident of Hathidah, Ward No.
                 13, Police Station- Hathidah, District- Patna (Bihar)

                                                                               ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through the Managing Director cum Chairman, Bihar
                 State Food and Civil Supplies Corporation Limited
           2.    The Managing Director-cum-Chairman, Bihar State Food and Civil Supplies
                 Corporation Ltd, Patna, Bihar.
           3.    The General Manager (Public Distribution) Bihar State Food and Civil
                 Supplies Corporation Limited, Patna, Bihar.
           4.    The District Transport Committee, Khagaria through its Chairman cum
                 District Magistrate, Khagaria.
           5.    The District Magistrate-cum-Chairman, District Transport Committee
                 Khagaria.
           6.    The Deputy Development Commissioner-cum-Vice Chairman, District
                 Transport Committee, Khagaria.
           7.    The District Transport Officer-cum-member, District Transport Committee,
                 Khagaria.
           8.    The District Manager-cum-Member            Secretary,   District      Transport
                 Committee, Khagaria.
           9.    The District Manager, Bihar State Food and Civil Supplies Corporation Ltd.
                 Khagaria.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Saket Tiwary, Advocate
                                               Mr. Saket Gupta, Advocate
                                               Mr. Aditya Prakash, Advocate
                 For the Respondent/s   :      Mr. Addl. Advocate General 05
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

3   25-02-2026                   Heard learned counsel for the parties.
Patna High Court CWJC No.16811 of 2025(3) dt.25-02-2026
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                      2. The present writ application has been filed for the

          following reliefs:

                                      “i. For issuance of an appropriate
                         writ/ order/ direction in the nature of Certiorari
                         for quashing of the order contained in Memo
                         No. 4721 dated 22.06.2023 by which the
                         Respondent No. 3 has cancelled the Tender No.
                         1350 dated 07.11.2022.
                                      ii. For issuance of an appropriate
                         writ/ order/ direction           in the nature of
                         Certiorari for quashing of the appellate order
                         19.11.2024 passed by the Respondent No. 2
                         whereby the Respondent No. 2 has upheld the
                         order dated 13.06.2023 passed by the District
                         Transport Committee, Khagaria by which the
                         District Transport Committee, Khagaria passed
                         an order for cancellation of the agreement
                         executed with the petitioner, black listing the
                         petitioner for three years and further forfeiting
                         the EMD and the Security Deposit.
                                      iii. Till the pendency of this writ
                         application, stay the operation of impugned
                         order dated 19.11.2024.
                                      iv. For any other relief/ reliefs for
                         which the petitioner is entitled to in the facts
                         and circumstances of the case.”


                      3. The brief facts giving rise to the present application

          are that the petitioner participated in NIT No. 1350, SFC
Patna High Court CWJC No.16811 of 2025(3) dt.25-02-2026
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          Khagaria, dated 07.11.2022. The said tender was issued for

          selection and empanelment of transportation contractors. The

          petitioner after being declared successful in the said bid, entered

          into a contract with the respondent-Corporation. After

          discharging his contractual obligation for around 3.5 months, a

          show cause notice dated 05.06.2023 was served to the petitioner,

          wherein certain discrepancies with respect to the documents

          submitted (Turnover Certificate and Profit and Loss account,

          etc.) by the petitioner were pointed out. In reply to the said show

          cause notice, petitioner duly submitted his reply dated

          12.06.2023. However, vide Memo No. 871 dated 13.06.2023, an

          order was passed for cancellation of the executed agreement,

          blacklisting the petitioner for three years, and further forfeiting

          the EMD security deposit. Further vide order dated 22.06.2023,

          the tender was cancelled and a recommendation for fresh tender

          was issued. Aggrieved by the same, the petitioner preferred an

          appeal before the Managing Director of the Corporation on

          19.06.2023, which was kept pending. Thereafter, the petitioner

          preferred CWJC No. 10498 of 2023, whereby a Coordinate

          Bench of this Court directed the respondent-Corporation to

          dispose of the said appeal. The said appeal was dismissed vide

          order dated 19.11.2024, passed by the respondent No. 2 to the
Patna High Court CWJC No.16811 of 2025(3) dt.25-02-2026
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          present petition.

                      4. Learned Counsel for the petitioner submits that the

          books of account of the petitioner had been duly audited by a

          registered Chartered Accountant (CA), and the same fact is

          substantiated by the reference of the UDIN number in the audit

          reports issued by the CA. Learned counsel further submits that

          since the audit of books of accounts of the petitioner for

          Financial Year 2019-20, and 2020-21 were done on the same

          day, therefore both the reports bear ‘same date.’ Further, same

          UDIN number on the Turnover Certificate, and the Audit Report

          for FY 2019-20 and 2020-21 were due to an error on part of the

          CA.

                      5. Learned counsel for the petitioner further submits

          that such wrong documents were not intentionally submitted by

          the petitioner, and as such cannot be termed as ‘forged.’ Learned

          counsel further submits that the authenticity of such documents

          were not an essential requirement for evaluation of the bids, and

          therefore, the order of blacklisting and forfeiture of EMD passed

          by the respondent-Department is not justified.

                      6. Learned Counsel for the respondent-Corporation

          submits that the petitioner submitted a forged Audit report for

          FY 2019-20 and 2020-21, and thus, in accordance with law and
Patna High Court CWJC No.16811 of 2025(3) dt.25-02-2026
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          after following due procedure, the agreement was cancelled and

          penal actions were imposed against him. Learned counsel for

          the respondent further submits that all documents which were

          required to be submitted as per the NIT would be relevant

          consideration for evaluation of bids. As such, the respondent-

          Corporation can take action while considering the same under

          relevant clauses of NIT. Learned counsel further submits that in

          the present case, the petitioner is found to be in violation of

          Clause 10 (iii) and 10 (x) of the NIT.

                      7. The Appellate Authority vide its order dated

          19.11.2024, dismissed the said appeal after taking into

          consideration the following grounds:

                         “fuxe eq[;ky; ds egkizca/kd foRr ,oa vkarfjd foRrh;
                         lykgdkj }kjk fd;s x;s tkap esa ik;k x;k fd Jh dqekj }
                         kjk lefiZr vkWfMV fjiksVZ foRrh; o’kZ 2019&20 ,oa
                         2020&21         esa          ,d   gh     UDIN         No.
                         22079889AYACRQ8990 vafdr gS] tks vkifRrtud
                         gSA
                                  ;kfpdkdrkZ }kjk viuh iqjkuh rF;ksa dks nqgjkrs gq,
                         dgk x;k fd pkVZMZ ,dkmUVsUV dh xyrh ls ,d gh
                         UDIN lHkh dkxtkrksa ij vafdr gks x;k] mUgsa Hkwy lq/kkj
                         djus rFkk dkyh lwph ls eqDr djrs gq, ;kfpdkdrkZ dk
                         dk;Z vkoafVr djus dk vuqjks/k fd;kA nwljh rjQ ftyk
                         izca/kd] [kxfM+;k }kjk i=kad 1328 fnukad&13-11-2024 ls
                         izfrosnu miyC/k djkrs gq, Li’V fd;k x;k fd ftyk
                         ifjogu lfefr] [kxfM+;k }kjk Jh panu dqekj ds NIT esa
Patna High Court CWJC No.16811 of 2025(3) dt.25-02-2026
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                         Uploaded vfHkJoksa ds tkWapksijkUr ikbZ xbZ folaxfr;ksa ds
                         fo:) ftls Lo;a Jh panu dqekj ds }kjk Lohdkj Hkh fd;k
                         x;k gSA lkFk gh ;kfpdkdrkZ }kjk ,djkjukek ds le;
                         fn;s x, “kiFk&i= ftlds fcUnq 06 esa Li’V% mYysf[kr gS
                         fd ^^eSa rduhdh chM ds fy;s dksbZ Hkh QthZ dkxtkr
                         layXu ugha fd;k gwaA ;fn p;u djrs le; ;k p;u ds
                         ckn mi;qZDr esa ls dksbZ Hkh ckrs xyr vFkok vlR; lkfcr
                         gqbZ rks esjh fufonk dks jn~n djrs gq, esjs fo:) dkuwuh ,oa
                         vuq”kklfud dkjZokbZ dh tk ldrh gS^^A
                                   mDr ds vkyksd esa fnuakd&13-06-2023 dks lEiUu
                         ftyk ifjogu lfefr] [kxfM+;k dh cSBd esa ;g fu.kZ;
                         fy;k x;k fd ifjogu vfHkdrkZ Jh dqekj }kjk ,djkjukek
                         dh dafMdk&10(III) ,oa 10(X) dk mYya?ku fd;k x;k gSA
                         rnkyksd esa ftyk ifjogu lfefr] [kxfM+;k }kjk Jh dqekj
                         dk ,djkjukek rRdky izHkko ls jn~n djrs gq;s vxys rhu
                         o’kksZa ds fy, dkyh lwph esa Mkyk x;kA lkFk gh buds tek
                         vxz/ku dh jkf”k ,oa lqjf{kr tek jkf”k dks tCr djus dk
                         fu.kZ; fy;k x;kA
                                         nksuksa i{kksa dks lquus rFkk jf{kr vfHkys[k ds
                         voyksdu ls ;g Li’V gS fd ;kfpdkdrkZ }kjk NIT No.
                         1350 fnukad&07-11-2022 esa mYYksf[kr dafMdk 10(iii) ,oa
                         (x) dk Li’V rkSj ij mYya?ku fd;k x;k gS rFkk ftyk
                         ifjogu lfefr] [kxfM+;k ds fnukad&13-06-2023 dks fy,
                         x, fu.kZ; ls eSa iw.kZr% larq’V gwaA fufonk ds lHkh “krksZa dk
                         vuqikyu djuk ;kfpdkdrkZ dh ftEesnkjh Fkh] ftldk
                         vuqikyu v{kj”k% ;kfpdkdrkZ }kjk u djds fu;eksa dk
                         mYya?ku fd;k x;k] tks ,djkjukek dk mYya?ku gSA ,slh
                         ifjfLFkfr esa ;kfpdkdrkZ ds vuqjks/k ij fopkj djuk]
                         vijk/k dks c<+kok nsuk gh gksxkA vkosnu vLohd`rA ”


                      8. Having considered the submissions advanced and
Patna High Court CWJC No.16811 of 2025(3) dt.25-02-2026
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          upon perusal of the materials available on record, it is evident

          that the petitioner had submitted Audit Report for FY 2019-20,

          and Audit Report for FY 2020-21 with the same UDIN number.

          However, as per the requirements a separate and distinct UDIN

          number is required for each individual document. In absence of

          a distinct UDIN for each document, serious doubts are raised

          about genuineness and authenticity of the submitted documents.

                      9. Further, it is also not in dispute that the respondent-

          Corporation had the power to cancel the agreement, and impose

          penal actions against the petitioner under relevant clauses of

          NIT, which is reproduced as under:

                                      “10. Disqualification Condition:
                                      (iii) Suppression of any fact/ any
                         misleading act/ declaring false information as
                         regards former selections in any district to the
                         other bided district/s will amount to mala-fide
                         intention of the bidder to mislead the District
                         Tender Committee. In such case, contract,
                         whether executed or not with the bidder in any
                         district shall be terminated forthwith along with
                         the forfeiture of EMD/Security Deposit. Further
                         she/he shall be blacklisted and consequently not
                         allowed to participate in any tender for next
                         five years.
                                      ...
                                      ...
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                                      (x) If any of the documents submitted
                         in Technical or financial bids of the tender
                         found forged or tampered in, the bid will be
                         rejected and appropriate lawful action will be
                         taken against the bidder. At the same time,
                         she/he/they will be blacklisted and consequently
                         barred from taking part for next five years in
                         the future tender and EMD will be forfeited.”


                      10. After going through the impugned order, and

          terms and conditions of tender, this Court is of the considered

          opinion that the action taken against the petitioner, i.e.,

          cancellation of agreement, forfeiture of EMD, and blacklisting

          for three years could not be said to be disproportionate.

          Therefore, the order impugned also qualifies on the test of

          doctrine of proportionality.

                      11. In Patel Engg. Ltd. v. Union of India & Anr.,

          reported in (2012) 11 SCC 257, the Hon’ble Supreme Court

          held that the power to blacklist is inherent with the executive

          authorities of the State/party allotting contracts. The relevant

          paragraph is reproduced as under:

                                       “15. It follows from the above
                         judgment in Erusian Equipment case [(1975) 1
                         SCC 70] that the decision of the State or its
                         instrumentalities not to deal with certain
                         persons or class of persons on account of the
Patna High Court CWJC No.16811 of 2025(3) dt.25-02-2026
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                         undesirability of entering into the contractual
                         relationship with such persons is called
                         blacklisting. The State can decline to enter into
                         a contractual relationship with a person or a
                         class of persons for a legitimate purpose. The
                         authority of the State to blacklist a person is a
                         necessary concomitant to the executive power
                         of the State to carry on the trade or the business
                         and making of contracts for any purpose, etc.
                         There need not be any statutory grant of such
                         power. The only legal limitation upon the
                         exercise of such an authority is that the State is
                         to act fairly and rationally without in any way
                         being arbitrary—thereby such a decision can be
                         taken for some legitimate purpose. What is the
                         legitimate purpose that is sought to be achieved
                         by the State in a given case can vary depending
                         upon various factors.”


                      12. Further in Kulja Industries Ltd. v. Western

          Telecom Project BSNL, reported in (2014) 14 SCC 731, the

          Hon’ble Supreme Court observed as under:

                                       “17. That apart, the power to
                         blacklist a contractor whether the contract be
                         for supply of material or equipment or for the
                         execution of any other work whatsoever is in
                         our opinion inherent in the party allotting the
                         contract. There is no need for any such power
                         being specifically conferred by statute or
Patna High Court CWJC No.16811 of 2025(3) dt.25-02-2026
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                         reserved by contractor. That is because
                         “blacklisting” simply signifies a business
                         decision by which the party affected by the
                         breach decides not to enter into any contractual
                         relationship with the party committing the
                         breach. Between two private parties the right to
                         take any such decision is absolute and
                         untrammelled by any constraints whatsoever.
                         The freedom to contract or not to contract is
                         unqualified in the case of private parties. But
                         any such decision is subject to judicial review
                         when the same is taken by the State or any of its
                         instrumentalities. This implies that any such
                         decision will be open to scrutiny not only on the
                         touchstone of the principles of natural justice
                         but also on the doctrine of proportionality. A
                         fair hearing to the party being blacklisted thus
                         becomes an essential precondition for a proper
                         exercise of the power and a valid order of
                         blacklisting made pursuant thereto. The order
                         itself being reasonable, fair and proportionate
                         to the gravity of the offence is similarly
                         examinable by a writ court.”


                      13. Considering the materials on record, and in light

          of the discussions made above, this Court finds no perversity or

          illegality in the order passed by the Appellate Authority

          (respondent No. 2).
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                                  14. Accordingly, the present writ application stands

                      dismissed.

                                  15. Pending application(s), if any, shall stand disposed

                      of.



                                                  (Sudhir Singh, J)


                                             (Rajesh Kumar Verma, J)
Anushka/-

U


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