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Patna High Court

M/s Parmar EnterprisesversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The order confirming the two‑year blacklisting is set aside and the matter is remitted to the Appellate Authority for fresh consideration on the grounds of proportionality and parity.

Summary

Parmar Enterprises, through its partner Kripakant Singh, participated in a government tender and was alleged to have submitted a forged experience certificate, leading to a show‑cause notice and a blacklisting order of two years. The petitioner replied, claiming the error was inadvertent and that similar cases had received lesser punishments. The appeal against the blacklisting was dismissed by the Secretary‑Cum‑Appellate Authority, prompting a writ petition seeking quashing of the blacklisting order, the dismissal order, and a stay on enforcement. The High Court held that the core issue was the proportionality of the punishment and parity with similarly situated cases. It set aside the dismissal order, remitted the matter to the Appellate Authority for fresh consideration, and directed reference to the Lucknow Kshetriya Gramin Bank judgment on proportionality. The writ petition was allowed.

Issues considered

  • Whether the two‑year blacklisting order is proportionate to the alleged forgery of the experience certificate.
  • Whether the Appellate Authority erred in dismissing the appeal without considering parity with similar cases.
  • Whether the blacklisting order and the subsequent dismissal order should be quashed and a stay imposed.

Subjects

  • blacklisting
  • tender procurement
  • show cause notice
  • proportionality of punishment
  • parity
  • administrative law
  • civil writ jurisdiction
  • forgery allegation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4578 of 2026
                 ======================================================
                 M/s Parmar Enterprises through its Partner Kripakant Singh, aged about 54
                 years, Male, son of Ramashish Singh, Resident of Ward No. 12, Near Mother
                 Teresa School, Chinvaniya, Motihari, P.S. Paharpur, District- East
                 Champaran, Bihar.

                                                                                 ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar through Secretary Cum Appellate Authority, Rural Works
                 Department, Government of Bihar, Patna.
           2.    The Engineer, In-Chief, Rural Works Department, Government of Bihar,
                 Patna.
           3.    The Chief Engineer-5, Muzaffarpur, Rural Works Department, Government
                 of Bihar, Patna.
           4.    The Superintending Engineer, Works Circle- Muzaffarpur, Rural Works
                 Department, Government of Bihar, Patna.
           5.    The Executive Engineer, Works Division - Muzaffarpur (West), Rural Works
                 Department, Government of Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Prabhat Ranjan, Advocate
                 For the Respondent/s   :         Mr. Advocate General
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2   30-03-2026                  Heard the parties.

                               2. Following is the relief sought for in the present writ

                   application:-

                                                       “(i) Quashing of the Order bearing
                                            Memo No. 10276 dated 24.09.2025 (Annexure P/6)
                                            by which the Engineer In-Chief Cum Registering
                                            Authority on the basis of absolutely incorrect fact
                                            that no Reply to Show Cause Notice has been
                                            furnished and thus, without considering the Reply
Patna High Court CWJC No.4578 of 2026(2) dt.30-03-2026
                                            2/4




                                  filed by the petitioner has proceeded to blacklist the
                                  Registration of the Petitioner bearing Registration
                                  No. 1250011 for a period of 2-years;
                                               (ii) Quashing of the consequential Order
                                  bearing     Memo       No.   1755   dated   10.02.2026
                                  (Annexure P/10) by which, the Departmental
                                  Secretary       Cum     Appellate   Authority,   being
                                  completely oblivious of the grounds of the Appeal
                                  and failing to maintain comity in the matters of
                                  parity in punishment has dismissed the Appeal and
                                  confirmed the order of blacklisting for a period of 2-
                                  years; and
                                               (iii) Restraining the Respondents from
                                  giving effect to and taking any coercive action(s)
                                  pursuant to the Order bearing Memo No. 10276
                                  dated 24.09.2025 and Order bearing Memo No.
                                  1755 dated 10.02.2026 during the pendency of the
                                  present writ application and/or the without the leave
                                  of this Hon’ble Court.”


                      3. Learned counsel for the petitioner submits that the

          petitioner had participated in the tender process pursuant to NIT

          dated 09.05.2025. During verification of the documents, the

          Experience Certificate submitted by the petitioner was alleged

          to be forged, amounting to violation of Clause 4.7(i) of the

          CMBD. A show cause notice was issued, to which the petitioner

          submitted a reply dated 04.09.2025 (Annexure-P/5). It is

          submitted that the incorrect                    certificate was uploaded

          inadvertently due to an error on the part of an employee at the

          cyber cafe, and there was no intention on the part of the
Patna High Court CWJC No.4578 of 2026(2) dt.30-03-2026
                                            3/4




          petitioner to submit any forged document. It is further submitted

          that in similar cases, the Appellate Authority has reduced the

          period of blacklisting from two years to a substantially lesser

          duration (Annexure-P/11 series). On the ground of parity, the

          petitioner has challenged the impugned orders.

                      4. Having considered the submissions advanced and

          upon perusal of the materials on record, this Court finds that the

          issue involved is confined to the aspect of proportionality of

          punishment and parity with similarly situated cases. In such

          circumstances, it would be appropriate that the matter is

          reconsidered by the Appellate Authority on this limited ground.

                      5. Accordingly, the order dated 10.02.2026 (Annexure

          P/10) is set aside and the matter is remitted back to the

          Appellate Authority for fresh consideration. The Appellate

          Authority may also take into consideration the judgment

          rendered in Lucknow Kshetriya Gramin Bank & Anr. Vs.

          Rajendra Singh, reported in (2013) 12 SCC 372 on the aspect

          of proportionality of punishment and thereafter pass a reasoned

          and speaking order in accordance with law, after affording due

          opportunity of hearing to all the stakeholders preferably within a

          period of four weeks from the date of receipt/production of a

          copy of this order.
           Patna High Court CWJC No.4578 of 2026(2) dt.30-03-2026
                                                       4/4




                                 6. With the aforesaid observations and directions, the

                     present writ application stands allowed.

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

                     disposed of.



                                                 (Sudhir Singh, J)


                                               (Shailendra Singh, J)
Sachin/-

U


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