Patna High Court
Anubhuti SrivastavaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court held that the order dated 04‑01‑2026 did not violate Rule 9(7) and the petition was dismissed.
Summary
Anubhuti Srivastava, a government servant, was suspended on 4 October 2025 under memo 3608 for alleged disproportionate assets under the Bhartiya Nyaya Sanhita, 2023 and the Prevention of Corruption Act, 1988. He filed a representation on 23 August 2025 and earlier writ CWJC No. 16714/2025 directed the appointing authority to consider it and either revoke the suspension or invoke sub‑rule 7 of Rule 9, 2005 before 4 January 2026. On 4 January 2026 the Principal Secretary issued memo 10 upholding the suspension, which the petitioner claimed was back‑dated, lacked reasons and violated Rule 9(7). The State argued that reasons were given and the conduct rules were breached. The High Court examined whether the earlier direction had been complied with and held that the order contained sufficient reasons and did not breach Rule 9(7); consequently the petition was dismissed, allowing the petitioner to raise his case before the enquiry officer.
Issues considered
- Whether memo 10 dated 04‑01‑2026 and the suspension order of 04‑10‑2025 violate Rule 9(7) of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005.
- Whether the appointing authority complied with the direction of CWJC No. 16714/2025 to consider the petitioner’s representation before 04‑01‑2026.
- Whether the order is back‑dated and devoid of reasons, rendering it illegal.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 49, 61
- Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 — s. Rule 9, sub‑rule 7
- Bihar Government Servants' Conduct Rules, 1976 — s. Rule 16(2)
- Prevention of Corruption Act, 1988 — s. 12, 13(1)(b), 13(2)
Subjects
- suspension
- disproportionate assets
- departmental inquiry
- Rule 9
- certiorari
- government servant
- conduct rules
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1196 of 2026
======================================================
Anubhuti Srivastava Son of Late Rajendra Prasad, Resident of Flat No. 407
B, Aparna Mansion, Tilak Nagar, Rukanpura, P.S. Rupaspur, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Urban Development and
Housing Department, Government of Bihar, Vikas Bhawan, Patna.
2. The Principal Secretary, Urban Development and Housing Department,
Government of Bihar, Vikas Bhawan, Patna.
3. The Secretary, Urban Development and Housing Department, Government
of Bihar, Vikas Bhawan, Patna.
4. The Additional Secretary, Urban Development and Housing Department,
Government of Bihar, Vikas Bhawan, Patna.
5. The Under Secretary, Urban Development and Housing Department,
Government of Bihar, Vikas Bhawan, Patna.
6. The Additional Director General of Police, Economic Offence Unit, Shi
Krishna Singh Path, Patna 800001.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Samdarshi, Advocate
Mr.Avinash Shekhar, Advocate
Ms. Simran Kumari, Advocate
Ms. Abhilasha Jha, Advocate
For the State : Mr. Sanjay Kumar, AC to GP-17
For the EoU : Mr. Rana Vikram Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 03-02-2026
Heard learned counsel for the petitioner, learned
Patna High Court CWJC No.1196 of 2026 dt.03-02-2026
2/8
counsel for the State and learned counsel for the Economic
Offences Unit.
2. The present writ petition has been filed for the
following relief/s _
“To issue and appropriate writ, order or
direction in the nature of certiorari for quashing of the
order contained in Memo No. 10 dated 04.01.2026
(received by the petitioner on 14.01.2026) issued by
the Principal Secretary, whereby and whereunder the
representation dated 23.08.2025 filed by the petitioner
has been disposed of in light of order dated
17.12.2025 passed by this Hon’ble Court in CWJC
No. 16714 of 2025 and the suspension order of the
petitioner contained in memo no. 3608 dated
04.10.2025 has been kept intact.
(ii) To issue an appropriate writ, order
or direction in the nature of certiorari for quashing of
order contained in memo no. 3608 dated 04.10.2025
issued by the Respondent Under Secretary, Urban
Development and Housing Department, under Rule
9(1) of the Bihar Government Servants
(Classification, Control and Appeal) Rules, 2005,
whereby and whereunder the petitioner has been
placed under suspension on account of Economic
Offence P.S. Case No. 20/2025 registered on
18.08.2025 under Section 49 and 61 of the Bhartiya
Nyaya Sanhita, 2023 and section 12,13 (2) and 13(1)
(b) of the Prevention of Corruption Act, 1988 and in
contemplation of a departmental enquiry.
(iii) To hold and declare that since no
Patna High Court CWJC No.1196 of 2026 dt.03-02-2026
3/8
order renewing the suspension of the petitioner has
been passed in terms of Rule 9(7) of the Bihar
Government Servants (Classification, Control and
Appeal) Rules, 2005, the suspension of the petitioner
shall be deemed to be revoked and the petitioner has
the right to be reinstated.
(iv) Consequent to grant of relief no.(i),
(ii) and (iii) above, this Hon’ble Court may further
direct the respondents to allow the petitioner to
resume his services.
(v) To grant/award any other relief or
reliefs which the petitioner may be found entitled to in
the facts and circumstances of the case.”
3. Learned counsel for the petitioner submits that
the petitioner had earlier approached this Hon’ble Court by
filing CWJC No. 16714 of 2025, which was disposed of with a
direction to the Appointing Authority (Respondent No. 2) to
consider the representation submitted by the petitioner before
the Secretary, Urban Development and Housing Department,
Bihar, dated 23.08.2025, and to take a decision prior to
04.01.2026 as to whether the representation and explanation of
the petitioner were sufficient to explain his source of income
and accumulated assets. It was further directed that if the
Appointing Authority (Respondent No. 2) found the
representation satisfactory, the order of suspension shall be
Patna High Court CWJC No.1196 of 2026 dt.03-02-2026
4/8
revoked; failing which, sub-rule (7) of Rule 9 of the Bihar
Government Servants (Classification, Control and Appeal)
Rules, 2005 would come into operation.
4. Learned counsel for the petitioner further
submits that the impugned order, as contained in Memo No. 10
dated 04.01.2026 (received by the petitioner on 14.01.2026),
issued by the Principal Secretary, Urban Development and
Housing Department, Government of Bihar (Annexure-P/8
series), is wholly illegal and not in consonance with Rule 9(7) of
the CCA Rules, 2005. It is submitted that no reasons, as
mandatorily required under Rule 9(7) of the CCA Rules, 2005,
have been assigned in the said order and, therefore, the same is
bad in law and fit to be set aside. Learned counsel further
submits that despite the petitioner having already furnished his
explanation vide report dated 23.08.2025, the order of
suspension dated 04.10.2025 was passed. Hence, on this ground
alone, both the suspension order dated 04.10.2025 and the
consequential order dated 04.01.2026 are liable to be quashed.
5. Learned counsel further submits that from page
97, it is evident that the order which was alleged to be passed on
04.01.2026 was has been posted on 10.01.2026, i.e., after the
petitioner had preferred a representation as well as filed a
Patna High Court CWJC No.1196 of 2026 dt.03-02-2026
5/8
contempt petition. It is, therefore, contended that the impugned
order is back-dated and, on this count also, the suspension order
dated 04.10.2025 contained in Memo No. 3608 and the order
dated 04.01.2026 contained in Memo No. 10 are fit to be set
aside.
6. On the other hand, learned counsel for the State
submits that sufficient reasons have already been assigned in the
order contained in Memo No. 10 dated 04.01.2026, wherein it
has been recorded that there is gross violation of the Bihar
Government Servants’ Conduct Rules, 1976. Hence, the
contention of the learned counsel for the petitioner that no
reasons have been assigned cannot be accepted.
7. Learned counsel appearing for the Economic
Offences Unit submits that the matter pertains to a
Disproportionate Assets case, wherein allegations have been
made that the petitioner has been found in possession of assets
disproportionate to the extent of 78.91%. On account thereof, a
criminal prosecution has also been instituted, and any finding in
the criminal proceedings shall be subject to the final outcome of
the said prosecution. He further submits that the action taken in
the departmental proceedings squarely falls within the domain
of the disciplinary authority and does not lie within the domain
Patna High Court CWJC No.1196 of 2026 dt.03-02-2026
6/8
of the Economic Offences Unit.
8. After hearing the parties, it transpires to this
Court that Relief No. (ii), i.e., quashing of the suspension order
dated 04.10.2025 contained in Memo No. 3608, had already
been subjected to judicial scrutiny before a Co-ordinate Bench
of this Court in CWJC No. 16714 of 2025. Only after
considering the said relief, the Co-ordinate Bench was pleased
to dispose of the writ petition vide order dated 17.12.2025,
observing as follows:-
17. In view of such circumstances and
having heard the learned counsels for the petitioner and
the State-respondents, the instant writ petition is disposed
of directing the Appointing Authority (Respondent No. 2)
to consider the representation filed by the petitioner to the
Secretary Urban Development and Housing Department,
Bihar, Patna on 23rd of August, 2025 to come to a
decision prior to 4th of January, 2026, as to whether the
representation and explanation of the petitioner is
sufficient to explain his source of income and the
accumulated assets. If the Appointing Authority
(Respondent No. 2) finds the representation of the
petitioner satisfactory, the order of suspension shall be
revoked, failing which sub-Rule 7, Rule 9 of the Bihar
Government Servants (CCA) Rules, 2005 shall come into
force.
18. The instant writ petition is, accordingly,
disposed of, on contest.”
9.It transpires to this Court that the Co-ordinate
Bench of this Court had passed a specific order directing
consideration of the petitioner’s representation and had provided
Patna High Court CWJC No.1196 of 2026 dt.03-02-2026
7/8
two options, namely, that if the explanation furnished by the
petitioner was found satisfactory, the suspension order dated
04.10.2025 was to be revoked, and if not, the provisions of sub-
rule (7) of Rule 9 of the Bihar Government Servants
(Classification, Control and Appeal) Rules, 2005 were to be
invoked. Therefore, this Court finds that there is no violation of
Rule 9(7) of the Rules, 2005.
10. The only limited issue that now falls for
consideration before this Court is as to whether the order passed
by the Co-ordinate Bench has been complied with in its true
letter and spirit. Upon examination of the impugned order
contained in Memo No. 10 dated 04.01.2026, it transpires to this
Court that the allegations relating to the Disproportionate Assets
case have been duly noticed in the FIR and the alleged violation
of Rule 16(2) of the Bihar Government Servants’ Conduct
Rules, 1976 has been specifically discussed, recording a finding
that the said rule has been violated.
11. In view of the above, the contention of the
petitioner that the impugned order is devoid of reasons cannot
be accepted. However, without entering into the merits or
demerits of the allegations, this Court deems it appropriate to
dismiss the present writ petition, granting liberty to the
Patna High Court CWJC No.1196 of 2026 dt.03-02-2026
8/8
petitioner to raise all such points as may be available to him
before the Enquiry Officer at the appropriate stage, in
accordance with law.
12. With the aforesaid observations and directions,
the present writ petition stands disposed of.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date 05/02/2026
Transmission Date NA
Checking your session…