N Kumar v. Union of India

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 15256 OF 2026 (GM-RES)

BETWEEN:

N KUMAR S/O SRI NARASIMHULU NAIDU AGED ABOUT 56 YEARS RESIDING AT NO.21, 4TH CROSS 5TH BLOCK, BSK 3RD STAGE BANGALORE-560 085 …PETITIONER (BY SRI.KIRAN S. JAVALI, SENIOR COUNSEL APPEARING FOR SRI.SHIVAJI H. MANE, ADVOCATE)

AND

¶1UNION OF INDIA BY MINISTRY OF RAILWAYS 256-A, RAISINA ROAD, RAJPATH AREA CENTRAL SECRETARIAT NEW DELHI - 110 001 REP. BY ITS SECRETARY

¶2UNION OF INDIA BY MINISTRY OF RAILWAYS EDCE (G), RAILWAY BOARD ROOM NO.156-C RAIL BHAWAN, RAISINA ROAD NEW DELHI - 110 001

by CHANDANA B M Location: High Court of Karnataka NC:(2026:KHC:24777( WP(No.(15256(of(2026( ( , ,,HC-KAR( ( ( REP.,BY,ITS,EXECUTIVE,DIRECTOR, CIVIL,ENGINEERING,(G), ,

3., UNION,OF,INDIA, DEPUTY,CHIEF,ENGINEER,/,WORKS,/,BNS, OFFICE,OF,THE,CHIEF,ADMINISTRATIVE,OFFICER, (CONSTRUCITON), NO.18,,MILLERS,ROAD, BENGALURU-,560,006, REP.,BY,ITS,GENERAL,MANAGER, , …RESPONDENTS, , (BY,SRI.VINAY,VENUGOPAL,,SENIOR,PANEL,COUNSEL), , , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND,227,OF,THE,CONSTITUTION,OF,INDIA,PRAYING,TO,ISSUE, A, WRIT, OR, ORDER, OR, DIRECTION, IN, THE, NATURE, OF, CERTIORARI, OR, ANY, OTHER, WRIT, IN, THE, LIKE, NATURE, QUASHING, THE, IMPUGNED, COMMUNICATION/LETTER, BEARING, BY, NO., THE, W.148/CN/BNC/BB/CBI/KPR-VENU, (JV), ISSUED, RESPONDENT, NO.3, AND, THE, MEMORANDUM, ALONG, WITH, STATEMENT, OF, CHARGES/, MISCONDUCT, ISSUED, AS, AGAINST, THE, PETITIONER, DATED.22.04.2026, BY, RESPONDENT, NO.3, INSOFAR, AS, IT, PERTAINS, TO, THE, PETITIONER,AS,PER,ANNEXURE-A,AND,ETC., , , THIS, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,,THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:,

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs:

"a) Issue a writ or order or direction in the nature of Certiorari or any other writ quashing the impugned Communication/letter bearing No.W.148/CN/BNC/BB/CBI/KPR-VENU (JV) issued by the Respondent No.3 and the Memorandum along with Statement of Charges/Misconduct issued as against the Petitioner dated:22.04.2026 by Respondent No.3 insofar as it pertains to the Petitioner as per Annexure-A and

b) Grant such other relief/s that this Hon'ble Court deems fit and proper in the facts and circumstances of the case, in the interest of justice and equity."

¶2Heard learned Senior Counsel for the petitioner, learned counsel for the respondents and perused the material on record.

¶3In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned Senior Counsel for the petitioner invited my attention to the

impugned Communication at Annexure-A dated 04.05.2026 issued by the respondents in order to point out that despite interim order passed by this Court in Crl.P.Nos.12381 and 12232 of 2024, the respondents have issued the impugned Communication purporting to blacklist the petitioner by way of a premeditated decision without providing sufficient or reasonable opportunity to the petitioner thereby violating principles of natural justice and as such the impugned Communication deserves to be quashed.

¶4Per contra, the learned Senior Counsel for the respondents submits that the impugned Communication merely call upon the petitioner to submit his representation on or before 10.06.2026 and if the petitioner were to submit a reply/representation along with relevant documents, the respondents would consider the same and take appropriate decisions/pass appropriate orders in accordance with law.

¶5Before adverting to the rival contentions, it would be necessary to extract the impugned Communication at Annexure-A:

"SOUTH WESTERN RAILWAY

Office of the

Chief Administrative Officer

(Construction)

18, Millers Road, Bangalore - 560 006 No.W.148/CN/BNC/BB/CBI/KPR-VENU (JV) Date: 04.05.2026

Shri N. Kumar No.21, 4th Cross 5th Block, BSK 3rd Stage Bangalore - 560 085..

Sir/s,

Sub: Banning of Business dealings with Shri P. Venugopal Reddy (individual) and M/s. KPR - VENU (JV firm), Bangalore, M/s. KPR Constructions (Partnership firm) and all their allied partners / firms / sister concerns.

Ref: i) Contract agreement no.CAO/CN/BNC/73732/A/115/III/2014 dated 18.03.2014.

ii) Railway Board's letter no.2026/Works-III/CBL/08/M/s. KPR-VENU (JV)-Bangalore dtd:22.04.2026.

<<<<<<>>>>>

Please find enclosed herewith a copy of the Memorandum and statement of charges/misconduct duly signed by EDCE(G)/Railway Board.

The reply/representation, if any, in this regard should be made in writing to the EDCE(G)/Railway Board through the General Manager/South Western Railway not later than 10.06.2026. In case no representation is received by the above-mentioned date, it will be presumed that you have no representation to make against the above action and a final decision shall be taken on the merits of the case.

If desired, you can make a request for providing an opportunity for personal hearing in Railway Board's office.

Receipt of this letter may please be acknowledged.

Encl: 1) Copy of Memorandum (01 page) 2) Statement of charges/misconduct (05 pages)

(Y. Yogananda Babu)

Deputy Chief Engineer/Works/BNC

for Chief Administrative Officer/CN

Bangalore Cantt."

As could be seen from the impugned Communication, the respondents have called upon the petitioner to submit a reply/representation on or before 10.06.2026.

¶6It is an undisputed fact that the petitioner has not submitted the representation/reply as on today. Under these circumstances, I deem it just and appropriate to dispose of this petition directing the petitioner to submit a representation/reply along with relevant documents, if any to the respondents on or before 10.06.2026.

¶7It is further directed that in pursuance of the petitioner submitting reply/representation along with relevant

documents as stated supra, the respondents shall consider the same and take appropriate decisions/pass appropriate orders after providing sufficient and reasonable opportunity to the petitioner and in accordance with law. It is further directed that the respondents shall not take any precipitative/coercive steps against the petitioner until they take appropriate decisions/pass appropriate orders as stated supra. Subject to the aforesaid directions, the writ petition stands disposed of.

Sd/- (S.R.KRISHNA KUMAR) JUDGE

MKM List No.: 2 Sl No.: 71