Patna High Court
Md. IrshadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The writ application is not maintainable at this stage and is disposed of.
Summary
The petitioner, Md. Irshad, challenged a show‑cause notice dated 15‑12‑2025 issued by the District Programme Officer, Nawada, which threatened termination of his service unless he explained within two days. He sought quashing of the notice and a restraining order against further action. The Court held that the writ petition was premature because no adverse order had yet been passed against the petitioner, rendering the petition non‑maintainable at this stage. Consequently, the petition was dismissed, but the Court directed the District Programme Officer to decide the matter within three months, provided the petitioner’s reply is filed. The order thus disposes of the writ application while allowing the administrative process to continue.
Issues considered
- What is the maintainability of a writ petition filed before any adverse order is passed against the petitioner?
Subjects
- writ jurisdiction
- maintainability
- show cause notice
- service termination
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1049 of 2026
======================================================
Md. Irshad Son of Md. Isa, resident of Village- Urdu Bazar, Sherghati, Police
Station- Sherghati in the district of Gaya Ji.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Patna.
2. The Principal Secretary, Department of Education, Government of Bihar,
Patna.
3. The Joint Secretary, Department of Education, Government of Bihar, Patna.
4. The Director, Primary Education, Government of Bihar, Patna.
5. The District Education Officer, Nawada, Bihar.
6. The District Program Officer (Estb.), Nawada, Bihar.
7. The Block Education Officer, Kawakole in the district of Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar, Adv
For the State : Mr. Ajay G.A-5
Mr. Rakesh Kumar Ranjan, Ac to GA-5
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
counsel for the respondent-State.
2. With the consent of the parties, the present writ
application is disposed of at this stage.
3. In the present writ application, the petitioner has
prayed for quashing/setting aside the letter no. 4451 dated
15.12.2025 issued by respondent no. 6 by which show cause
notice has been given to the petitioner directing him to submit
explanation within a period of two days as to why the petitioner
should not be terminated from service. Further prayer has been
made for restraining the respondents from taking any further
Patna High Court CWJC No.1049 of 2026(2) dt.27-01-2026
2/2
action against the petitioner.
4. Manifestly, this writ application has been filed
prematurely for the reason that till date, no adverse order has
been passed against the petitioner. The writ application is,
therefore, not maintainable at this stage.
5. Learned counsel for the petitioner submits that in
light of the show cause notice dated 15.12.2025, the petitioner
has filed his reply/ explanation which is pending consideration
before the respondent the respondent no. 6 i.e. the District
Programme Officer, ( Establishment), Nawada, Bihar to take
final decision in the matter as soon as possible.
6. For the reasons indicated above, this writ
application is held to be not maintainable at this stage and it is
accordingly disposed of directing the District Programme
Officer, (Establishment), Nawada, Bihar to take a final decision
in the matter preferably, within a period of three months from
the date of passing of this order, if reply to the show cause
notice has been filed by the petitioner during the pendency of
this writ application.
N.K/- (Alok Kumar Sinha, J)
U
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