Created by Fuzzy Cloud

Patna High Court

Ravishankar RamanversusThe State of Bihar through the Principal Secretary,

Decided
Disposal
ALLOWED

Holding

The original order dated 12‑09‑2024 is set aside as it does not bind the petitioner who was not a private respondent, and the review petition is allowed.

Summary

The petitioner, Ravishankar Raman, filed a civil review challenging a September 12, 2024 order that had quashed the termination of another employee, Pramod Kumar, from the Supaul Nagar Parishad. Raman argued that the original writ order, which did not name him as a private respondent, directly affected his own appointment as Accountant and denied him a hearing. The court examined whether the original judgment could bind a person who was not a party to the writ and whether the lack of opportunity to be heard justified a review. It held that the omission of Raman as a private respondent rendered the original order inapplicable to his service rights. Consequently, the court set aside the September 2024 order and directed that Raman be made a party‑respondent before the writ petition could proceed. No costs were awarded.

Issues considered

  • Whether a judgment in a writ petition is binding on a person not joined as a private respondent whose service rights are affected.
  • Whether the failure to provide an opportunity of hearing to such a person warrants a review of the original order.
  • Whether the original order should be set aside on the ground of procedural irregularity.

Subjects

  • termination of service
  • due process
  • review of judgment
  • private respondent
  • service regularisation
  • administrative law
  • writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      CIVIL REVIEW No.331 of 2024
                                                     In
                                Civil Writ Jurisdiction Case No.192 of 2024
                 ======================================================
                 Ravishankar Raman Son of Late Kamal Prasad Mandal Resident of-
                 Jhakhrahi Ward No.27, Supaul, District- Supaul, Bihar.
                                                                          ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar through the Principal Secretary, Department of Urban
                  Development and Housing, Patna, Bihar.
           2.    The Principal Secretary, Department of Urban Development and Housing,
                 State of Bihar, Patna.
           3.    The Director, Municipal Administration-cum-Joint Secretary, Urban
                 Development Department and Housing, State of Bihar, Patna.
           4.    The Project Officer-cum-Deputy Director, Urban Development and Housing,
                 State of Bihar, Patna.
           5.    The Supaul Nagar Parishad, through the Municipal Executive Officer,
                 Supaul Nagar Parishad, Supaul.
           6.    The Municipal Executive Officer, Supaul Nagar Parishad, Supaul.
           7.     Pramod Kumar Son of Suresh Rajak Resident of Village/Town/City- Diwari,
                  Parwaniya, P.S.- Saharsa, District- Saharsa (Bihar), Pin-852201.
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sunit Kumar, Advocate
                 For the Opposite Party/s :      Mr. Additional Advocate General 13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                       ORAL ORDER

9   01-05-2026                  This is an application for review of a final order dated

                   12.09.2024 passed in CWJC No.192 of 2024.

                                2. In the said writ petition, one Pramod Kumar was

                   the petitioner, who challenged his termination order from

                   service as an Accountant at the Nagar Parishad, Supaul by the

                   respondent Authority on the ground of illegality and

                   arbitrariness without following due process of termination and

                   also the procedure for regularization of service.
Patna High Court C. REV. No.331 of 2024(9) dt.01-05-2026
                                             2/3




                       3. In the instant proceeding, one Ravishankar Raman

          is the petitioner, who has alleged that during the pendency of the

          writ petition he was appointed as the Accountant of Nagar

          Parishad, Supaul. If the order passed in the writ petition is

          executed, his service will be at stake without giving any

          opportunity of hearing.

                       4. Therefore, it is contended by the learned Advocate

          on behalf of the petitioner in Civil Review No.331 of 2024 that

          there is sufficient reason for the petitioner to apply for a review

          of the judgment to this Court.

                       5. The learned Advocate on behalf of the writ-

          petitioner is also present present, appearance is made on behalf

          of the learned Advocate for the State also.

                       6. I have heard the learned Advocates on behalf of the

          parties.

                       7. The writ-petitioner does not have any answer as to

          why the petitioner in the review petition was not added as a

          private respondent in the writ petition, because the effect of the

          judgment of the writ-Court directly and substantially affect the

          right of service of the present petitioner. He was not given

          opportunity to submit his case, if any.

                       8. It is also learnt from the submission made by the

          writ-petitioner that he knew that the applicant in the review
             Patna High Court C. REV. No.331 of 2024(9) dt.01-05-2026
                                                          3/3




                       petition was appointed three months prior to the disposal of the

                       writ petition. Therefore, the post from where the writ-petitioner

                       was terminated and which was quashed by this Court vide order

                       dated 12.09.2024 adversely affects the interest of the applicant

                       in the review petition, so he has sufficient reason/ground to file

                       the instant application and the impugned order passed by this

                       Court on 12.09.2024 is not binding upon respondent No.7.

                                    9. In view of the above discussion, the instant

                       application for review is allowed. The order dated 12.09.2024

                       passed in CWJC No.192 of 2024 is set aside.

                                    10.    The      writ-petitioner     is   directed   to   make

                       Ravishankar Raman, applicant of Civil Review No.331 of 2024

                       as a party-respondent only then the writ petition shall be heard

                       by the Competent Court having roster after giving due

                       opportunity of appearance to the applicant.

                                    11. With the above order, the instant review

                       application is allowed on contest. There shall, however, be no

                       order as to cost.



                                                 (Bibek Chaudhuri, J)
mdrashid/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.