1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 6786 of 2024 ----- M/s. R.K. & Company Manpower Private Limited, having its Corporate Office at Z-1, New Palam Vihar, Gurugram, 122017 (HR), India, through its Authorized Signatory – Mr. Radhe Shyam, aged about 44 years, son of Sri Naresh Prasad Singh, resident of Jaiprakash Nagar, Bariatu, Ranchi, Jharkhand – 834009.... … … Petitioner Versus 1.The State of Jharkhand, through the Secretary, Department of Excise and Prohibition, having its office at Utpad Bhawan, 2nd Floor, Excise Building, Kanke Road, Near Naveen Police Kendra, P.O. Ranchi University, P.S. Gonda, District Ranchi, PIN 834008. 2. The Excise Commissioner, Department of Excise and Prohibition, having its office at Utpad Bhawan, 2nd Floor, Excise Building, Kanke Road, Near Naveen Police Kendra, P.O. Ranchi University, P.S. Gonda, District Ranchi, PIN 834008. 3. Jharkhand State Beverages Corporation Limited, through its Managing Director, having its office at Utpad Bhawan, Ground Floor, P.O. Ranchi University, P.S. Gonda, Near Naveen Police Kendra, P.O. Ranchi University, P.S. Gonda, District Ranchi, PIN 834008. 4. General Manager (Operations), Jharkhand State Beverages Corporation Limited, having its office at Utpad Bhawan, Ground Floor, P.O. Ranchi University, P.S. Gonda, Near Naveen Police Kendra, P.O. Ranchi University, P.S. Gonda, District Ranchi, PIN 834008. 5. General Manager (Finance), Jharkhand State Beverages Corporation Limited, having its office at Utpad Bhawan, Ground Floor, P.O. Ranchi University, P.S. Gonda, Near Naveen Police Kendra, P.O. Ranchi University, P.S. Gonda, District Ranchi, PIN 834008. … … Respondents With W.P.(C) No.426 of 2024 ----- JMD Services Pvt. Ltd., having its registered office at Plot No.-60, Nandanpur, P.O. & P.S. Rajiv Nagar, District-Patna, Bihar, having its Branch Office at 5th Floor, Sri Durga Tower, Oppoiste Srilok Complex, Tharpakhna, Old 2 H.B.Road, P.O. G.P.O, Ranchi, P.S. Sadar, District-Ranchi 834001, Jharkhand represented through its authorized signatory namely Ashutosh Ranjan, aged about 44 years, son of Rameshwar Sharma, Nageshwari Kunj, Janak Nagar, P.O. Hehal, P.S. Sukhdeo Nagar, Hesal, Ranchi-834005, Jharkhand. … … Petitioner Versus 1. The Jharkhand State Beverages Corporation Limited, through its Managing Director, having its office at Utpad Bhawan, Ground Floor, P.O. Ranchi University, P.S. Gonda, Near Naveen Police Kendra, P.O. Ranchi University, P.S. Gonda, District Ranchi, PIN 834008. 2. The General Manager (Operations), Jharkhand State Beverages Corporation Limited, having its office at Utpad Bhawan, Ground Floor, P.O. Ranchi University, P.S. Gonda, Near Naveen Police Kendra, P.O. Ranchi University, P.S. Gonda & District Ranchi, Jharkhand. 3. The General Manager (Finance), Jharkhand State Beverages Corporation Limited, having its office at Utpad Bhawan, Ground Floor, P.O. Ranchi University, P.S. Gonda, Near Naveen Police Kendra, P.O. Ranchi University, P.S. Gonda & District Ranchi, Jharkhand. … … Respondents With W.P.(C) No. 661 of 2025 ----- WEBEL Technology Limited, having its registered office at Plot-5, Block-BP, Sector-V, Salt Lake City, Kolkata represented through its authorized signatory namely, Saikat Pal, aged about 38 years, son of Sankar Pal, resident of Flat No. A-203, Surendranath Enclave, Prem Nagar, Latma Road, P.O. Hatia Railway Colony, P.S. Tupudana, O.P. Jharkhand. … … Petitioner Versus 1. Jharkhand State Beverages Corporation Limited, through its Managing Director, having its office at Utpad Bhawan, Ground Floor, P.O. Ranchi University, P.S. Gonda, Near Naveen Police Kendra, P.O. Ranchi University, P.S. Gonda, District Ranchi, PIN 834008, Jharkhand. 2. General Manager (Operations), Jharkhand State Beverages Corporation Limited, having its office at Utpad Bhawan, Ground Floor, P.O. Ranchi University, P.S. Gonda, 3 Near Naveen Police Kendra, P.O. Ranchi University, P.S. Gonda, District Ranchi, PIN 834008, Jharkhand. 3. General Manager (Finance), Jharkhand State Beverages Corporation Limited, having its office at Utpad Bhawan, Ground Floor, P.O. Ranchi University, P.S. Gonda, Near Naveen Police Kendra, P.O. Ranchi University, P.S. Gonda & District Ranchi, PIN 834008, Jharkhand. … … Respondents With W.P.(C) No.860 of 2025 ----- Frontline (NCR) Business Solutions Pvt. Ltd., having its registered office at 4th Floor, Shri Durga Tower, Opp-Srilok Complex, Tharpakhna, Old H.B. Road, Ranchi, 834001 represented through its authorized signatory namely Ashwini Kumar, aged about 43 years, son of Late Chandeshwar Prasad Singh, resident of Green Residency, C-4001, Tetar Toli, Bariatu, P.O. Bariatu, P.S. Bariatu, District-Ranchi, Jharkhand. … … Petitioner Versus 1. Jharkhand State Beverages Corporation Limited, through its Managing Director, having its office at Utpad Bhawan, Ground Floor, P.O. Ranchi University, P.S. Gonda, Near Naveen Police Kendra, P.O. Ranchi University, P.S. Gonda, District Ranchi, PIN 834008, Jharkhand. 2. General Manager (Operations), Jharkhand State Beverages Corporation Limited, having its office at Utpad Bhawan, Ground Floor, P.O. Ranchi University, P.S. Gonda, Near Naveen Police Kendra, P.O. Ranchi University, P.S. Gonda, District Ranchi, Pin 834008, Jharkhand. 3. General Manager (Finance), Jharkhand State Beverages Corporation Limited, having its office at Utpad Bhawan, Ground Floor, P.O. Ranchi University, P.S. Gonda, Near Naveen Police Kendra, P.O. Ranchi University, P.S. Gonda, District Ranchi, PIN-834003, Jharkhand. … … Respondents ------- CORAM: HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DEEPAK ROSHAN ------- For the Petitioner : Mr. Indrajit Sinha, Adv Mr. Arpan Mishra, Adv Ms. Niharika Nidhi, Adv 4 For the Res.-State : Mr. Rajiv Ranjan, AG Mr. Piyush Chitresh, A.C. to A.G For the Res.-JSBCL : Mr. Raunak Sahay, Adv ------ 5/26.03.2025 Heard the counsel for the petitioners and the Advocate General for all the respondents. 2. The issue in these writ petitions is with regard to certain demand raised as a penalty by the respondents from the petitioners which have been assailed on the ground that it is not preceded by any show cause notice indicating the basis for such levy and also on the ground of vagueness. We find force in the said submissions. 3. In these circumstances, the writ petitions are allowed, the impugned orders passed by the respondents against each of the petitioners are set aside. The Excise Commissioner-cum-Managing Director of Jharkhand State Beverages Corporation Limited shall issue a show cause notice to each of the petitioners giving the basis for the levy of the penalty and also the material on the basis of which such penalty is being sought to be levied on each of the petitioners. 4. On receipt of such show cause notice each of the petitioners shall submit a reply to the Excise Commissioner-cum-Managing Director of Jharkhand State Beverages Corporation Limited within two weeks of such receipt of show cause notice. 5 A personal hearing shall be provided by the Excise Commissioner-cum-Managing Director of Jharkhand State Beverages Corporation Limited to each of the petitioners and then a reasoned order in accordance with law shall be passed by the Excise Commissioner-cum-Managing Director of Jharkhand State Beverages Corporation Limited and communicated to the petitioners. Till the Excise Commissioner-cum-Managing Director of Jharkhand State Beverages Corporation Limited passes such an order, the bank guarantees given by the petitioners shall be kept alive. (M.S. Ramachandra Rao, C.J.) (Deepak Roshan, J.) Fahim/Amardeep