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2026 DAILYLAW 17808 (KAR)

K PUNNA RAO v. UNION OF INDIA BY

WP/15190/2026 · 2026-05-14

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:24739 WP No. 15190 of 2026 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. 15190 OF 2026 (GM-RES) BETWEEN: 1. K PUNNA RAO S/O RAMACHANDRA RAO, AGED ABOUT 67 YEARS, MANAGING PARTNER OF M/S KPR CONSTRUCTIONS, R/AT 301, SAI BRUNDAVAN APARTMENT, ROAD NO. 9, LANE NO. 2, ROCK TOWN COLONY, LB NAGAR, HYDERABAD-500063 2. M/S. KPR CONSTRUCTIONS REP. BY MANAGING PARTNER SRI. K. PUNNA RAO OFFICE AT NO.G 6, ARUNODAYA APARTMENTS, STREET NO. 1, TARNOKA, SECUNDERABAD-500007 …PETITIONERS (BY SRI. KIRAN S. JAVALI, SENIOR COUNSEL FOR SRI.SHIVAJI S. MANE, ADVOCATE) AND: 1. UNION OF INDIA BY MINISTRY OF RAILWAYS, 256-A, RAISINA ROAD, RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI, 110001 REP. BY ITS SECRETARY Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:24739 WP No. 15190 of 2026 2. UNION OF INDIA BY MINISTRY OF RAILWAYS, EDCE(G), RAILWAY BOARD, ROOM NO. 156-C, RAIL BHAWAN, RAISINA ROAD, NEW DELHI - 110001 REP. BY ITS EXECUTIVE DIRECTOR CIVIL ENGINEERING (G) 3. UNION OF INDIA BY SOUTH WESTERN RAILWAY, OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER, (CONSTRUCTION), NO. 18, MILLERS ROAD, BENGALURU- 560006. 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 TO QUASH 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 PETITIONERS DATED. 22.04.2026 BY RESPONDENT NO.2 THROUGH RESPONDENT NO.3, INSOFAR AS IT PERTAINS TO THE PETITIONERS AS PER (ANNEXURES-A-1 AND A-2) AND ETC THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:24739 WP No. 15190 of 2026 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: "(a) Issue a writ or order or direction in the nature of Certiorari or any other writ to quash the impugned Communication/Letter bearing No.W.148/CN/BNC/BB /CBI/KPR-VENU(JV) issued by respondent No.3 and the Memorandum along with Statement of Charges/Misconduct issued as against the petitioners dated 22.04.2026 by respondent No.2 through respondent No.3, insofar as it pertains to the petitioners as per (Annexures-A1 and A-2) 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." 2. Heard learned Senior Counsel for the petitioners, learned counsel for the respondents and perused the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned Senior Counsel for the petitioners invited my attention to the impugned Communications at Annexures-A1 and A2 dated 04.05.2026 issued by the respondents in order to point - 4 - HC-KAR NC: 2026:KHC:24739 WP No. 15190 of 2026 out that despite interim order passed by this Court in Crl.P.Nos.12381 and 12232 of 2024, the respondents have issued the impugned Communications purporting to blacklist the petitioners by way of a premeditated decision without providing sufficient or reasonable opportunity to the petitioners thereby violating principles of natural justice and as such the impugned Communications deserve to be quashed. 4. Per contra, the learned Senior counsel for the respondents submits that the impugned Communications merely call upon the petitioners to submit their representation on or before 10.06.2026 and if the petitioners 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. 5. Before adverting to the rival contentions, it would be necessary to extract the impugned Communications at Annexures-A1 and A2: "SOUTH WESTERN RAILWAY Office of the Chief Administrative Officer (Construction) 18, Millers Road, Bangalore - 560 006 - 5 - HC-KAR NC: 2026:KHC:24739 WP No. 15190 of 2026 No.W.148/CN/BNC/BB/CBI/KPR-VENU (JV) Date: 04.05.2026 Shri Katta Punna Rao, G-6, Arunodaya Apartment, Street No.1, Tarunaka, Secunderabad - 500 007. 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. - 6 - HC-KAR NC: 2026:KHC:24739 WP No. 15190 of 2026 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. 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 M/s. KPR Constructions, G-6, Arunodaya Apartments, Street No.1, Tarnaka, Secunderabad - 500 007. 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. <<<<<<>>>>> - 7 - HC-KAR NC: 2026:KHC:24739 WP No. 15190 of 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 can be seen from the impugned Communications, the respondents have called upon the petitioners to submit a reply/representation on or before 10.06.2026. 6. It is an undisputed fact that the petitioners have not submitted the representation/reply as on today. Under - 8 - HC-KAR NC: 2026:KHC:24739 WP No. 15190 of 2026 these circumstances, I deem it just and appropriate to dispose of this petition directing the petitioners to submit a representation/reply along with relevant documents, if any to the respondents on or before 10.06.2026. 7. It is further directed that in pursuance of the petitioners 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 petitioners and in accordance with law. It is further directed that the respondents shall not take any precipitative/coercive steps against the petitioners 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.: 1 Sl No.: 98