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Patna High Court

Rabindra Kumar DasversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

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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