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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