Patna High Court
Kumar ManishversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The writ petition is dismissed as the petitioner must first avail the appeal provided under Rule 23 of the Bihar CCA Rules, 2005.
Summary
Petitioner Kumar Manish challenged a suspension order issued under Memo No. 243 dated 15.03.2022, invoking Rule 9(3)(ii) of the Bihar CCA Rules, 2005. He filed a writ petition seeking certiorari to quash the suspension instead of filing an appeal. The Court observed that Rule 23 of the same Rules expressly provides a right of appeal against suspension orders and that the petitioner had not availed this remedy. Consequently, the Court held that the writ petition was not the appropriate remedy. The petition was dismissed, with liberty granted to the petitioner to file an appeal within 30 days, after which the appellate authority must issue a reasoned order within 60 days.
Issues considered
- Whether a writ petition under Article 226 is maintainable to challenge a suspension order when an appeal under Rule 23 of the Bihar CCA Rules, 2005 is available.
Subjects
- suspension
- civil service
- writ jurisdiction
- certiorari
- administrative law
- appeal
- Bihar CCA Rules
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14010 of 2024
======================================================
Kumar Manish S/o- Late Sita Ram Sharma Resident of Village -
Manibhakurah, Post - Manibhakurah, P.S - Sarai, Vaishali, District - Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Bihar at Patna.
2. The Additional Chief Secretary, Land Revenue Department, Government of
Bihar.
3. The Secretary, Land Revenue Department, Government of Bihar at Patna.
4. The District Magistrate, Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sourav Suman, Advocate
For the State : Mr. Jitendra Kumar Roy-1 (SC-13)
Mr. U.K Singh (AC to SC-13)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. Learned counsel for the petitioner submits that the
present writ petition has been filed in the nature of certiorari for
quashing and setting aside the Memo No. 243 dated 15.03.2022
(Annexure-P/3), whereby and whereunder the petitioner has
been put under suspension in terms of Rule 9 (3) (ii) of the
Bihar CCA Rules, 2005.
3. It transpires to this Court that the petitioner has
challenged the suspension order before this Court. The Rule 23
of the Bihar CCA Rules, 2005 is very much clear that the appeal
Patna High Court CWJC No.14010 of 2024(3) dt.21-01-2026
2/2
is permissible against the order of suspension and the petitioner
ought to challenge the suspension order in appeal. But, instead
thereof, he has preferred the present writ petition challenging
the suspension order.
4. In this background, the present writ petition stands
dismissed with liberty to the petitioner to avail his remedy of
appeal within 30 days from today and the Appellate Authority
upon receiving the petitioner’s application shall pass a reasoned
and speaking order within 60 days thereafter.
(Dr. Anshuman, J)
Divyansh/-
U
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