Patna High Court
J. Kumar Construction and Services Pvt. Ltd.versusThe State of Bihar through Secretary, Rural Works Department,
- Decided
- Disposal
- ALLOWED
Holding
The appellate order rejecting the appeal is set aside and the matter is remitted to the Appellate Authority for fresh consideration on the ground of proportionality of punishment.
Summary
J. Kumar Construction was blacklisted for two years by the Engineer In‑Chief under the Bihar Contractors Registration Rules, 2007 on the allegation of submitting a false experience certificate. The company filed a writ petition seeking quashing of the blacklisting order and the appellate authority’s rejection of its appeal, arguing that the punishment was disproportionate compared to similar cases. The respondents contended that the petitioner failed to respond to the show‑cause notice, justifying the blacklisting. The High Court held that the issue was limited to the proportionality of the punishment and directed a fresh consideration by the appellate authority, referencing the Lucknow Kshetriya Gramin Bank judgment on proportionality. Consequently, the appellate order was set aside, the matter remitted for reconsideration, and the writ petition was allowed.
Issues considered
- Whether the two‑year blacklisting imposed on J. Kumar Construction is proportionate to the alleged submission of a false experience certificate.
- Whether the appellate authority erred in rejecting the appeal without considering parity with similarly situated contractors.
- Whether the writ court can set aside the appellate order and remit the matter for fresh consideration.
Subjects
- blacklisting
- proportionality of punishment
- contractors registration
- writ petition
- administrative law
- due process
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5036 of 2026
======================================================
J. Kumar Construction and Services Pvt. Ltd. Having its Registered Office at
Flat No. 201, Hari Palace, Judges Colony, Saguna More, Bailey Road, Patna,
Bihar represented through its Managing Director, Jitendra Kumar, Male, aged
about 49 years, Son of Ramnath Singh, Resident of Road No. 3, lane No. 08,
Budhlal Bhagat Gali, Chotiki Delha, P.S. Gaya Town, District- Gaya, Bihar.
... ... Petitioner
Versus
1. The State of Bihar through Secretary, Rural Works Department, Government
of Bihar, Patna.
2. The Engineer In-Chief Cum Registering Authority, Rural Works
Department, Government of Bihar, Patna.
3. The Chief Engineer - 2, Rural Works Department, Government of Bihar,
Patna.
4. The Executive Engineer, rural Works Department, Works Division
Imamganj, District Gaya, Bihar.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Prabhat Ranjan, Advocate
For the Respondents : Mr. Amish Kumar, AC to AG
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 08-04-2026 Heard learned counsel for the parties.
2. Following is the relief sought for in the present writ
application:-
"(i) Quashing of the Order bearing Memo No.
12301 dated 08.12.2025 (Annexure P/5), by
which the Engineer In-Chief Cum Registering
Authority has blacklisted the Registration of the
petitioner bearing No. 1230199 for a period of
2-years, in terms of Clause 11 (Ka) (ix) and
Clause 11 (Kha) (ii) of the Bihar Contractors
Patna High Court CWJC No.5036 of 2026(2) dt.08-04-2026
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Registration Rules, 2007 treating the allegation
regarding submission of false Experience
Certificate along with the bid as proved;
(ii) Quashing of the Order dated 06.02.2026
(Annexure P/7) by which the Departmental
Secretary Cum Appellate Authority has rejected
the Appeal filed by the petitioner against the
blacklisting order and has affirmed the order of
blacklisting for a period of 2-years as contained
in Memo No. 12301 dated 08.12.2025 passed by
Engineer In-Chief Cum Registering Authority;
and
(iii) Restraining the Respondent from taking any
coercive action(s) or giving effect to the order of
blacklisting as contained in Memo No. 12301
dated 08.12.2025 (Annexure P/5) and the
consequential order rejecting the Appeal dated
06.02.2026 (Annexure P/7) 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
Appellate Authority, while passing the order dated 06.02.2026
(Annexure P/7), has failed to appreciate on the aspect of
punishment, inasmuch as, on similar facts in the case of other
similarly situated persons, the order of punishment has been
reduced to two to three months. It is further submitted that the
punishment imposed upon the petitioner is disproportionate to
the charge levelled against him. The petitioner has also relied
Patna High Court CWJC No.5036 of 2026(2) dt.08-04-2026
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upon the order dated 30.03.2026 passed in CWJC No.4578 of
2026 by this Court, which has been brought on record as
'Annexure P/15' to the supplementary affidavit.
4. Learned counsel for the respondents submits that
no reply was filed by the petitioner to the show cause notice
and, as such, the authorities were left with no option but to pass
the final order dated 08.12.2025.
5. Having considered the submissions advanced by
the parties 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.
6. Accordingly, the order dated 06.02.2026 (Annexure
P/7) 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
Patna High Court CWJC No.5036 of 2026(2) dt.08-04-2026
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hearing to all the stakeholders, preferably within a period of
four weeks from the date of receipt/production of a copy of this
order.
7. With the aforesaid observations and directions, the
present writ application stands allowed.
8. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J.)
(Shailendra Singh, J.)
Gaurav Kumar/-
U
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