Patna High Court
Bhushan Constech and Marketing Private LimitedversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The appellate authority's order rejecting the appeal on limitation grounds was set aside and the matter remitted to it for fresh consideration.
Summary
Bhushan Constech and Marketing Private Limited filed a writ petition challenging a blacklisting order dated 01‑09‑2025 issued by the Engineer‑in‑Chief, Rural Works Department, Bihar, and the subsequent rejection of its appeal on the ground of delay by the appellate authority on 12‑12‑2025. The petitioner contended that the blacklisting was arbitrary, mechanically passed, and that the appeal could not be dismissed solely for limitation. The High Court observed that the appellate authority had not adjudicated on the merits and that similar cases imposed a much shorter blacklisting period. Consequently, the Court set aside the 12‑12‑2025 order, remitted the matter to the appellate authority for fresh consideration within thirty days, and directed disposal of the appeal within ten weeks after hearing all stakeholders. The writ petition was thereafter disposed.
Issues considered
- The legality of the blacklisting order issued by the Engineer‑in‑Chief, Rural Works Department.
- Whether the appellate authority could reject the appeal solely on the ground of limitation.
- Whether the blacklisting order was passed in a mechanical and arbitrary manner without application of mind.
- Whether the period of blacklisting (two years) was proportionate compared to similar cases.
Subjects
- blacklisting
- certiorari
- limitation
- administrative law
- arbitrary exercise of power
- appeal
- remand
- high court
- rural works department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4073 of 2026
======================================================
Bhushan Constech and Marketing Private Limited, a Company incorporated
under the Companies act, having its office at Main Road, Maner, through its
Director, Shashi Bhushan Singh, aged about 36 years Male, Son of Ram
Prasad Singh, resident of Village- Patila, Main Road Maner, P.S.- Patila,
District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Rural Works
Department, Government of Bihar, Fifth Floor, Vishweshwaraiya Bhawan,
Patna, Bihar.
2. The Additional Chief Secretary, Rural Works Department, Government of
Bihar, Fifth Floor, Vishweshwaraiya Bhawan, Patna, Bihar.
3. The Secretary, Rural Works Department, Government of Bihar, Patna, Bihar.
4. The Deputy Secretary, Rural Works Department, Government of Bihar, Fifth
Floor, Vishweshwaraiya Bhawan, Patna, Bihar.
5. The Engineer in Chief- 01 (Patna), Rural Works Department, Government of
Bihar, Fifth Floor, Vishweshwaraiya Bhawan, Patna, Bihar.
6. The Superintending Engineering, Rural Works Department, Work Circle
Patna, Patna.
7. The Executive Engineer, Rural Works Department, Work Division Patna,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : Mr. Suraj Samdarshi, Advocate
Mr. Avinash Shekhar, Advocate
For the State : Mr. Raghawanand, GA-11
Mr. Prabhat Kumar, A.C. to GA-11
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 25-03-2026 Heard learned counsel for the parties.
2. The present writ application has been filed for the
following reliefs:-
“ i) To issue an appropriate writ,
order or direction in the nature of certiorari for
Patna High Court CWJC No.4073 of 2026(2) dt.25-03-2026
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quashing order dated 12.12.2025 contained
memo no. 12663 dated 17.12.2025 passed by
Respondent Secretary, Rural Works Department,
whereby and whereunder the appeal preferred by
the petitioner against the blacklisting order
passed by Respondent Engineer in Chief
contained in memo no. 9436 dated 01.09.2025,
has been rejected merely on the grounds of delay.
ii) To issue an appropriate writ, order
or direction in the nature of certiorari for
quashing order contained in memo no. 9436
dated 01.09.2025 issued by the Respondent
Engineer in Chief whereby and where under the
Petitioner has been blacklisted for a period of
two years.
iii) This Hon'ble Court may further
adjudicate and hold that the impugned order of
blacklisting contained in memo no. 9436 dated
01.09.2025 has been passed in a mechanical
manner without application of mind.
iv) This Hon'ble Court may further
adjudicate and hold that the action of the
Respondent Authorities, in blacklisting the
petitioner for a period of two years is complete
arbitrary exercise of authority/power.
v) This Hon'ble Court may adjudicate
and hold that the appellate authority could not
have rejected the petitioner's appeal solely on
the ground of delay in filing.
vi) To grant any other relief or reliefs
which the Petitioner may be found entitled to in
the facts and circumstances of the case.”
Patna High Court CWJC No.4073 of 2026(2) dt.25-03-2026
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3. The Appellate Authority, by order dated
12.12.2025, communicated vide Memo No. 12663 dated
17.12.2025 (Annexure-P/10), has rejected the appeal on the
ground of limitation. It is evident therefrom that no adjudication
on the merits of the case has been undertaken by the Appellate
Authority.
4. Learned counsel for the petitioner submits that in
similar cases, the penalty/punishment imposed was blacklisting
for a period of three months, as reflected from Annexure-P/11 to
the writ application.
5. In view of the aforesaid, the order dated 12.12.2025
(Annexure-P/10) is hereby set aside and the matter is remitted
back to the Appellate Authority for fresh consideration.
6. If the petitioner files a fresh appeal within a period
of thirty days from today, the same shall be considered and
decided by the Appellate Authority in accordance with law, after
taking into consideration the orders passed in similar cases, as
brought on record vide Annexure- P/11 and after affording due
opportunity of hearing to all the stakeholders. The Appellate
Authority shall dispose of the said appeal preferably within a
period of ten weeks from the date of filing of the appeal.
Patna High Court CWJC No.4073 of 2026(2) dt.25-03-2026
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7. With the aforesaid observation, the present writ
application stands disposed of.
8. Pending application(s), if any, shall also stands
disposed of.
(Sudhir Singh, J)
(Shailendra Singh, J)
maynaz/anushka-
U
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