Patna High Court
Rabindra Kumar DasversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- PARTHA SARTHY
Holding
The petition is dismissed for non‑prosecution as the petitioner failed to appear for three consecutive hearings.
Summary
Rabindra Kumar Das, a 60% disabled individual whose father died in 2006, filed a writ petition seeking a compassionate appointment from the Rural Works Department, alleging no source of income and financial crisis. No counsel appeared on his behalf on multiple hearing dates despite the court’s directions. The court previously dismissed the petition for non‑prosecution, restored it, and again adjourned it with a warning to appear. On the third consecutive non‑appearance, the court dismissed the petition for non‑prosecution, citing lack of prosecution. The petition was therefore dismissed without any order for compassionate appointment.
Issues considered
- Whether a writ petition seeking a compassionate appointment can be entertained when the petitioner fails to appear for hearings.
- Whether the court may dismiss a petition for non‑prosecution due to repeated non‑appearance of the petitioner.
Subjects
- compassionate appointment
- disability
- non‑prosecution
- writ jurisdiction
- procedural default
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1115 of 2017
======================================================
Rabindra Kumar Das, Son of Singeshwar Das, Resident of Village-
Chandanpatti, Naya Tola, P.O.+P.S.- Sara Mohanpur, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Chief Secretary Govt. of Bihar, Patna.
2. The Principal Secretary, Rural Works Department, Bihar, Patna.
3. The Chief Engineer, Rural Works Department, Darbhanga.
4. The Executive Engineer, Rural Works Department, Work Division No. 2,
Benipur, Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Smt. Archana Meenakchee, GP-6
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 05-01-2026 1. No one appears on behalf of the petitioner. Learned
counsel for the respondents is present.
2. The petitioner has filed the instant application for
the following relief :-
“1. That this is an application for
issuance of an appropriate writ, order or
direction commanding the respondents for
granting compassionate appointment to the
petitioner as father of the petitioner died on
18.02.2006, petitioner is disable 60%, no one
remains to look after his family, no other source
of income, facing monitory crises, represented
from pillar to post personally met, only
assurance given orally but till date nothing done
and/or for such other order/orders as your
Patna High Court CWJC No.1115 of 2017(5) dt.05-01-2026
2/3
lordships may deem fit and proper under the
circumstances of this case.”
3. No one appeared on behalf of the petitioner on the
last two dates i.e. 14.11.2024 and 5.8.2025 also when the Court
recorded the following orders :-
“14-11-2024
None appears on behalf of the petitioner.
2. Re-notify this case on 06.02.2025.
… … … … … … … … … … .. ..
05-08-2025
No one appears on behalf of
the petitioner. Learned counsel for the
State is present.
2. It transpires to this Court
that vide order dated 12.09.2017, no one
appeared on behalf of the petitioner and
the case was dismissed for non-
prosecution. It was subsequently
restored vide order dated 16.05.2018
passed in MJC No. 344 of 2018.
Thereafter, vide Order No. 3 dated
14.11.2024, again, no one appeared on
behalf of the petitioner, and today, even
after repeated calls, no one has
appeared on behalf of the petitioner.
3. As such, as a matter of last
indulgence and in the interest of justice,
matter has been adjourned for two
weeks with a specific direction that if, on
the next appointed date, no one appears
Patna High Court CWJC No.1115 of 2017(5) dt.05-01-2026
3/3
on behalf of the petitioner, appropriate
orders shall be passed.
4. List this matter on
09.09.2025.
4. As no one appears on behalf of the petitioner on the
third consecutive date, the case is dismissed for non-
prosecution.
(Partha Sarthy, J)
avinash/-
U
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