Patna High Court
Mohd. Aslam AnsariversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- PARTHA SARTHY
Holding
The writ petition is dismissed for non‑prosecution.
Summary
The petitioner, Mohd Aslam Ansari, filed a writ petition seeking a mandamus directing the State of Bihar and its officials to permit his reinstatement to his junior engineer post and to pay his regular salary and benefits. The respondents submitted a counter‑affidavit stating that a departmental proceeding had concluded, his unauthorized absence was regularized as extraordinary leave, and his joining on 5 February 2018 had been accepted, making the petition infructuous. No counsel appeared for the petitioner. The Court noted the petitioner’s failure to prosecute the writ petition. Accordingly, the High Court dismissed the application for non‑prosecution.
Issues considered
- Whether the writ petition is maintainable when the petitioner fails to appear and the grievance has been redressed
- Whether the court can dismiss a writ petition for non‑prosecution
Subjects
- writ of mandamus
- non‑prosecution
- departmental proceedings
- regularization of absence
- civil writ jurisdiction
- high court
- reinstatement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1287 of 2017
======================================================
Mohd. Aslam Ansari Son of Mohd. Samiullah Ansari, Resident of Village and
Post Rewati Uttar Tola, P.O. Rewati, P.S. Rewati, Distt. Ballia U.P..
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Engineer-in-Chief, Sah-Apar Ayukta-Sah Vishesh Sachiv, R.C.D. Bihar,
Patna
3. The Executive Engineer, Path Pramandal Chhapra, Path Prasakha Madhaura,
Chhapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Mahendra Prasad Verma, AC to SC20
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 05-01-2026 1. No one appears for the petitioner. Learned counsel
for the respondents are present.
2. The petitioner has filed the instant application for
the following reliefs:
“1. That by way of the writ petition, the
petitioner seek relief of this Hon'ble Court for
issuance of aforesaid writ in the nature of
mandamus or an appropriate writ or writs, order
or orders direction or directions to commanding
the respondents authorities to permit the
petitioner for joining and also allow to writ to
the petitioner on his respective post which have
been discharge earlier by the petitioner and pay
regular salary to the petitioner and petitioner is
also pay for the other consequential benefits.”
Patna High Court CWJC No.1287 of 2017(5) dt.05-01-2026
2/4
3. Learned counsel for the respondents in reference to
the statement made in paragraph nos. 8, 9 and 10 of the counter
affidavit filed on behalf of the respondent nos. 1 and 2 submits
that the instant writ application has become infructuous.
Paragraph nos. 8, 9 and 10 are quoted hereinbelow:
“8. That in this regard, it is humbly stated that
the departmental proceeding was conducted
against the petitioner vide Departmental office
order No.54 read with Memo no. 1473 (E) Anu
Dated 18.03.2017 on the charges of
unauthorizedly absent from duly of about 2 years
10 months and 20 days and the said
departmental proceeding has now been
concluded and final order in this regard passed
vide memo No. has 732 (E) been dated
01.02.2018 issued by the Engineer-In Chief
-Additional Commissioner-cum- Special
Secretary, Road Construction Department, Bihar
(Respondent no.2) Whereby four decisions have
been taken as hereunder.
(A) The period of absence from 11.10.2012 to
31/08/2015 has been regularized as
extraordinary leave (No Work No Pay) but the
said period will not be counted for seniority at
the time of promotion.
(B) That joining date 01.09.2015 of the
petitioner has been accepted with warning not to
repeat again.
Patna High Court CWJC No.1287 of 2017(5) dt.05-01-2026
3/4
(C) Petitioner will have to submit an
affidavit/certificate that he was not gainfully
employed during the absence period in question
and he has not committed any criminal offence.
Hence, petitioner will not stake any claim for
payment of salary from 11.12.2010 to
31.08.2015.
(D) If any information relating to clause-C is
received then disciplinary action would be taken.
Xerox copy of the memo No.
732 (E) dated 1.2.2018
issued by the Engineer in-
-Additional Commissioner-cum-
Special Chief-cum Construction
Road Department, Secretary,
Bihar is attached herewith as
Annexure- A to this counter
affidavit.
9. That in view of abovesaid decision contained
in office order dated 01.02.2018, petitioner has
submitted his joining on 05.02.2018 on the post
of Junior Engineer in Road Division Chhapra,
which has been accepted.
10. That in view of aforesaid facts and
circumstance and factual development of this
case now, this writ application may be dismissed
as infructuous since the grievance of the
petitioner has been redressed.”
Patna High Court CWJC No.1287 of 2017(5) dt.05-01-2026
4/4
3. As no one appears on behalf of the petitioner, this
application is dismissed for non-prosecution.
(Partha Sarthy, J)
Bibhash/-
U
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