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Patna High Court

Kumar ManishversusThe State of Bihar

Decided
Disposal
DISMISSED

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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