Patna High Court
Kishore Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court directed the petitioner to file a representation and obtain a hearing before the Additional Chief Secretary, thereby refusing to quash the blacklisting order.
Summary
Kishore Kumar Singh challenged a two‑year blacklisting order (Memo No. 11413 dated 11‑Nov‑2025) issued by the Engineer‑in‑Chief of the Rural Works Department, Bihar, and the subsequent affirmation of that order (Memo No. 12461 dated 12‑Dec‑2025) by the Additional Chief Secretary, which was made without affording him a hearing. The petitioner sought quashing of both memos on the ground that the blacklisting period was disproportionate to the alleged irregularity and that the procedure violated principles of natural justice. The Patna High Court examined whether the administrative authority had complied with the requirement of a fair hearing before imposing and confirming the blacklisting. The Court held that the petitioner must first file a representation before the Additional Chief Secretary, who should consider the period of blacklisting and pass an order after giving the petitioner a proper opportunity of hearing. Accordingly, the Court directed the petitioner to make such a representation and dismissed the writ application, disposing of the petition.
Issues considered
- What is the legality of the two‑year blacklisting order issued without a hearing?
- Does the affirmation of the blacklisting order without affording a hearing violate principles of natural justice and proportionality?
Subjects
- blacklisting
- natural justice
- proportionality
- administrative law
- writ jurisdiction
- representation
- hearing
- Rural Works Department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2174 of 2026
======================================================
Kishore Kumar Singh S/o Late Jwala Singh, R/o Kshatriya Nagar, PS
Aurangabad (T), District Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Additional Chief Secretary, Rural Works Department, Bihar, Patna.
3. The Engineer-in-Chief, Rural Works Department, Government of Bihar,
Patna.
4. The Chief Engineer, Rural Works Department, Gaya.
5. The Executive Engineer, Rural Works Department, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate
: Mr. Mohit Ranjan, Advocate
: Mr. Harsh Raj, Advocate
For the Respondent/s : Mr. Government Pleader-5
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 18-02-2026 Following is the relief sought for in the present writ
application:-
i. To quash the Memo No. 11413 dated
11.11.2025 issued by the Engineer-in-
Chief, Rural Works Department,
Government of Bihar, Patna, whereby
and whereunder the petitioner has been
blacklisted for two years from the date
of issuance of the letter. A copy of
Memo No.-11413 dated 11.11.25 is
Patna High Court CWJC No.2174 of 2026(2) dt.18-02-2026
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annexed as ANNEXURE-P/1 to this
application.
ii. To quash the appellate order
contained in Memo No. 12461 dated
11.12.2025 issued by the Additional
Chief Secretary, Rural Works
Department, Govt. of Bihar, whereby
and whereunder, without providing an
appropriate opportunity to the
petitioner, the appeal against
ANNEXURE--P/I dated 11.11.2025 has
been rejected, and the order dated
11.11.25 has been affirmed. A copy of
Memo No. 12461 dated 11.12.25 is
annexed as ANNEXURE- P/2 to this
application.
2. The petitioner has confined his prayer only to the
period of blacklisting, submitting that the duration so imposed is
disproportionate to the alleged irregularity attributed to the
petitioner.
3. In view of the aforesaid, the petitioner is directed to
file a representation before the Respondent no.2, namely, the
Additional Chief Secretary, Rural Works Department, Bihar,
Patna, who shall consider the period of blacklisting and pass an
appropriate order in accordance with law, after giving due
opportunity of hearing to the petitioner. The petitioner shall also
be at liberty to place on record any other orders relating to
blacklisting for consideration by the authority.
4. With the aforesaid direction, the present writ
Patna High Court CWJC No.2174 of 2026(2) dt.18-02-2026
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application stands disposed of.
5. Pending Application(s), if any shall also stand
disposed of.
(Sudhir Singh, J)
(Rajesh Kumar Verma, J)
Suruchi/-
U
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