Patna High Court
Jugal Kishor Ram and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- PARTHA SARTHY
Holding
The petition is dismissed for non‑prosecution.
Summary
The petitioners, three statistical volunteers, filed a writ petition seeking to restrain the implementation of a cabinet decision dated 07‑06‑2016 that abolished their panel, to be reinstated, to receive fixed honorarium and regularisation of service. They also sought quashing of the letter effecting abolition. No counsel appeared on behalf of the petitioners on the hearing dates, including 14‑11‑2024 and 05‑01‑2026. The respondents were represented by Mr. Sudhir Kumar Upadhyay. The Court noted the absence of the petitioners and, applying the principle that a suit cannot proceed without prosecution, dismissed the petition for non‑prosecution. Consequently, the reliefs sought were not granted.
Issues considered
- Whether the writ petition can be entertained and relief granted despite the petitioners' non‑appearance and failure to prosecute the case
- Whether the cabinet decision abolishing the panel of statistical volunteers can be quashed by the Court
Subjects
- writ petition
- non‑prosecution
- administrative decision
- statistical volunteers
- reinstatement
- honorarium
- court dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1455 of 2017
======================================================
1. Jugal Kishor Ram Son of Ram Bachan Ram, Resident of Village- Bidurati
Hata, P.O.- Siwan, P.S.- Siwan, Muffasil District- Siwan, PDD No. 104132.
2. Om Prakash Singh, Son of Dharam Nath Singh, Resident of Village and P.O.
Merahi P.S.- M.H. Nagar (Hassanpura) District Siwan, PDD No. 203905.
3. Mithilesh Kumar Singh, Son of Manan Singh, Resident of Village and P.O.-
Merahi, P.S. M.H. Nagar (Hassanpura) District- Siwan, PDD No.- 079251.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Planning and
Development Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Planning and Development Department, Govt. of
Bihar, Patna.
3. The Director, Directorate of Economics and Statistics, Planning and
Development Department, Govt. of Bihar, Patna.
4. The Joint Director cum Officer Head Department of Planning and
Development (Directorate of Economics and Statistics), Govt. of Bihar,
Patna.
5. The District Statistical Officer, Siwan, District- Siwan.
6. The District Magistrate, Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the State : Mr. Sudhir Kumar Upadhyay, AC to GP-7
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 05-01-2026 No one appears for the petitioners. Learned counsel
for the respondents is present.
2. The petitioners have filed the instant application for
the following relief(s):
“(I) To issue an appropriate writ (s)
Commanding and directing the respondents not to
give effect/ implement the cabinet decision dated
07.06.2016 in regard to the petitioners/accredited
Patna High Court CWJC No.1455 of 2017(4) dt.05-01-2026
2/2
statistical volunteers as far as abolishing their panel
is concerned and in the event of recommendation been
acted upon and a letter for abolishing the panel of the
petitioners having been issued upon same be quashed
(Annexure-7) and set aside in the interest of Justice.
(II) For issuance of appropriate writ(s)
commanding and directing the respondents concerned
to reinstate the petitioners on the post of Accredited
statistical volunteer (ASV) who have been removed
vide oral order an further to direct the respondents
concerned to take the census and non-teaching works
from the petitioners (A.S.V.(s) on fixed honorarium
giving employment guarantee for the whole years for
the ends of natural Justice for which the petitioner
may be entitled too.
(III) For further issuance of appropriate
writ(s) commanding and directing the respondents to
make payment of monthly fixed honorarium to the
petitioners and to subsequently regularize their
services on monthly regular basis.
(IV) For grant of any other relief(s) which
the petitioners may be entitled to in the facts and
circumstances of the case.”
3. No one appeared on behalf of the petitioners on
14.11.2024 also.
4. The case is dismissed for non-prosecution.
(Partha Sarthy, J)
Saurabh/-
U
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