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Patna High Court

Sumit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court disposed of the petition, holding that the initiation of departmental proceedings and a show‑cause notice sufficed and no further judicial order was necessary.

Summary

The petitioner, Sumit Kumar, filed a public interest litigation seeking an inquiry into alleged financial irregularities by the outgoing Municipal Commissioner of Sitamarhi Municipal Corporation, who allegedly violated a government instruction dated 07‑06‑2024 that barred issuance of NITs without state permission. The Commissioner is accused of executing agreements with private agencies for garbage collection under the Integrated Solid Waste Management Scheme, paying them between 16‑07‑2024 and 31‑08‑2025 without any work being done, thereby swindling the public exchequer. The petitioner sought a court‑ordered inquiry, recovery of the mis‑paid amounts, and any other appropriate relief. The respondents submitted a supplementary counter‑affidavit stating that a departmental proceeding and a show‑cause notice had already been issued against the Commissioner, and therefore no further judicial intervention was required. The High Court, noting the existence of ongoing departmental action, disposed of the writ petition without granting any relief.

Issues considered

  • What relief, if any, can a court grant in a public interest litigation where a departmental inquiry into alleged misconduct is already underway?

Subjects

  • Public Interest Litigation
  • Municipal Corporation
  • Financial Irregularity
  • Departmental Inquiry
  • Integrated Solid Waste Management
  • Government Instruction
  • Show‑Cause Notice
  • Recovery of Public Funds

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.15951 of 2025
                 ======================================================
                 Sumit Kumar Son of Ranjit Singh, Resident of Road No. 7, Near Shanti
                 Market, Kumhrar Teacher Colony, P.S.-Agamkuan, District-Patna.
                                                                           ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Chief Secretary, Patna.
           2.    The Additional Chief Secretary, Urban Development and Housing
                 Department, Patna.
           3.    The Additional Chief Secretary, Department of Finance, Bihar, Patna.
           4.    The District Magistrate, Sitamarhi.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Sanjay Kumar, Adv
                 For the Respondent/s   :        Mr. P.K. Shahi, Advocate General
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

7   09-02-2026                  This writ petition has been filed by the petitioner

                   Sumit Kumar in the nature of Public Interest Litigation seeking

                   for the following reliefs:

                                                       “(i)     For     issuance     of    an
                                            appropriate writ/s, order/s, Direction/s to the
                                            respondents to hold inquiry with regard to
                                            the financial irregularity committed by
                                            outgoing          Commissioner,         Sitamarhi
                                            Municipal Corporation whereby and under
                                            in violation of Government Instructions
                                            issued on 07.06.2024 vide letter No. 1815
                                            whereby and under a complete ban was
                                            imposed on the Municipal Commissioners in
                                            the State not to issue any NIT, if NIT had
Patna High Court CWJC No.15951 of 2025(7) dt.09-02-2026
                                             2/3




                                  already been issued then no agreement
                                  would be executed without prior permission
                                  of the State but in violation of this direction
                                  the then Municipal Commissioner executed
                                  agreements           with    private   agencies       on
                                  16.07.2024 and paid the amount to them
                                  without executing the work as per agreement
                                  which was illegal.
                                               (ii) For issuance of an appropriate
                                  writ/s,      order/s,        Direction/s       to     the
                                  respondents to recover the amount so paid
                                  during the period 16.07.2024 to 31.08.2025
                                  to the Private Agencies who were selected by
                                  the outgoing Municipal Commissioner for
                                  garbage collection and dumping the same
                                  under       the       Integrated       Solid        Waste
                                  Management Scheme, since the Public
                                  Exchequer has been swindled by the
                                  Municipal Commissioner without seeking
                                  prior permission of State Authorities as per
                                  letter dated 07.06.2024 and subsequent
                                  letters.
                                               (iii)      To     pass     such        other
                                  order/orders as your Lordships may deem fit
                                  and proper in the facts and circumstances of
                                  this case.”
                      2. Learned counsel appearing for the respondent no. 2

          has filed a supplementary counter affidavit wherein in paragraph

          nos. 8 and 9, it is stated as follows:
          Patna High Court CWJC No.15951 of 2025(7) dt.09-02-2026
                                                     3/3




                                                        “8. That in continuity of the
                                            above, it is humbly submitted that on
                                            05.01.2026 decision has been taken by the
                                            answering        state    respondent   to   take
                                            necessary action for initiating departmental
                                            proceeding against the then Municipal
                                            Commissioner,            Sitamarhi     Municipal
                                            Corporation for violation of Departmental
                                            Directive and committing negligence.
                                                        9. That in furtherance of the above
                                            decision, the department has issued show-
                                            cause notice against the then Municipal
                                            Commissioner,            Sitamarhi     Municipal
                                            Corporation vide Departmental Letter No.
                                            74 dated 21.01.2026.”
                                3. Since the departmental proceeding has already been

                    initiated against the Municipal Commissioner, Sitamarhi

                    Municipal Corporation and show cause notice has been issued

                    against him, we do not want to pass any further order in this

                    Public Interest Litigation.

                                4. Accordingly, the present writ petition is disposed

                    of.


                                        (Sangam Kumar Sahoo, CJ)


                                            ( Alok Kumar Sinha, J)
kiran/-
U


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