Patna High Court
Prawin KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
A writ petition remains maintainable if the alternative statutory remedy has been invoked but no decision has been rendered by the appellate authority.
Summary
The petitioner, Prawin Kumar, challenged an order dated 20 July 2025 dismissing him from service, issued by the Commandant of BSAP-7, Katihar. He had filed an appeal against the dismissal before the Deputy Inspector General of Police, the designated appellate authority, but no decision had been rendered. The State argued that the writ petition was not maintainable because the petitioner had availed the alternative remedy, yet conceded that the appeal remained pending. The Court examined whether a writ petition is maintainable when the statutory appellate remedy is still pending without a final order. Finding that the appellate authority had not yet decided the appeal, the Court held that the writ petition could proceed. Consequently, the Court directed the appellate authority to pass a reasoned order within 90 days and disposed of the writ petition.
Issues considered
- Whether a writ petition challenging a service dismissal is maintainable when the petitioner has already filed an appeal before the statutory appellate authority but no order has been passed.
Subjects
- writ petition
- service dismissal
- alternative remedy
- maintainability
- administrative law
- appellate authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1218 of 2026
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Prawin Kumar Son of Gajadhar Prasad Yadav, Resident of village-
Maraniyatri, P.S.- Kowakol, District- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. Director General of Police, Bihar, Patna.
3. D.I.G. of Police, Bihar Special Armed Police, Northern Zone, Muzaffarpur.
4. Commandant, BSAP, 7, Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Hriday Prasad, Advocate
For the Respondent/s : Mr.Additional Advocate General (7)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 03-02-2026
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The petitioner has filed the present writ petition
challenging the order dated 20.07.2025 (Annexure P/13) passed
by respondent no. 4, namely, the Commandant, BSAP-7,
Katihar.
3. Learned counsel for the petitioner fairly submits
that against the said order of dismissal from service, the
petitioner has preferred an appeal before the Appellate
Authority, i.e., respondent no. 3, namely, the Deputy Inspector
General of Police, Bihar Special Armed Police, Northern Zone,
Muzaffarpur, but no order has been passed thereon till date.
Patna High Court CWJC No.1218 of 2026 dt.03-02-2026
2/2
4. Learned counsel for the State submits that the
present writ petition is not maintainable on the ground that the
petitioner has already availed the alternative remedy before the
Appellate Authority; however, he fairly accepts that, to the best
of his knowledge, no order has yet been passed on the
petitioner’s appeal.
5. In view of the above, the present writ petition is
disposed of with a direction to the Appellate Authority, i.e.,
respondent no. 3, namely, the Deputy Inspector General of
Police, Bihar Special Armed Police, Northern Zone,
Muzaffarpur, to pass a reasoned order on the petitioner’s appeal
within a period of 90 days from the date of receipt/production of
a copy of this order.
6. With the aforesaid observation and direction, the
present writ petition stands disposed of.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date 04/2/2026
Transmission Date NA
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