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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
                                            2/4




                                  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
                                            3/4




          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
                                                        4/4




                      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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