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Patna High Court

Lalit RamversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The writ petition is dismissed because the petitioner failed to pursue the mandatory revision remedy under Rule 27 before approaching the court.

Summary

The petitioner, an Assistant Sub-Inspector in the Excise Department, led a raid on a suspected codeine syrup sale but found only empty bottles and no suspect. A newspaper later published a false report alleging the petitioner had apprehended a suspect who was released after a bribe. Following an internal inquiry that raised procedural doubts, the petitioner was suspended and penalised with loss of an increment and censure. He appealed the disciplinary order under Rule 23 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005, but the appeal was dismissed. The petitioner then filed a writ petition in the High Court without first invoking the revision remedy prescribed in Rule 27 of the same Rules. The Court held that the writ petition was premature and dismissed it, while permitting the petitioner to file a revision before the competent authority.

Issues considered

  • Whether a writ petition challenging a disciplinary order is maintainable when the petitioner has not exhausted the statutory revision remedy under Rule 27 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005

Subjects

  • writ petition
  • disciplinary action
  • procedural requirement
  • revision remedy
  • excise department
  • codeine syrup
  • suspension
  • Rule 23
  • Rule 27
  • Bihar Government Servants Rules

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.16205 of 2025
                 ======================================================
                 Lalit Ram Son of Gyani Ram, Resident of Village- Sarbsima Naruar, P.O.-
                 Lohna Road, P.S.- Bhairavshthan, District- Madhubani 847407.

                                                                      ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Secretary, Prohibition Excise and
                 Registration Department, Government of Bihar, Patna.
           2.    The Secretary, Prohibition Excise and Registration Department, Government
                 of Bihar, Vikash Bhawan, New Secretariat, Nehru Path, Patna.
           3.    The Deputy Secretary, Prohibition Excise and Registration Department,
                 Government of Bihar, Patna.
           4.    The Deputy Commissioner, Prohibition Excise and Registration Department,
                 Government of Bihar, Vikash Bhawan, New Secretariat, Nehru Path, Patna.
           5.    The Joint Commissioner, Prohibition Excise and Registration Department,
                 Government of Bihar, Vikash Bhawan, new Secretariat, Nehru Path, Patna.
           6.    The Joint Commissioner, Prohibition, Kosi Division, Saharsa.
           7.    Joint Commissioner, Prohibition, Darbhanga Division, Darbhanga.
           8.    The Station House Officer, Excise Police Station, District- Saharsa.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Piyush Saurav, Advocate
                 For the Respondent/s   :      Mr.Ravi Kumar, AC to GP 13
                                               Mr.Akshay Lal Prasad, AC to GP 13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                       ORAL ORDER

2   05-01-2026                 The petitioner is Assistant Sub-Inspector In-Charge of

                   Excise Department of Saharsa Excise Police Station. While he

                   was on duty on 13th of September, 2024, the petitioner received

                   an information that one Rajesh Kumar was selling narcotic

                   drugs in the form of codeine syrup near Mangala Bazar under

                   Basanhi Police Station. In order to work out the said

                   information, he along with another A.S.I., namely, Anuj Kumar
Patna High Court CWJC No.16205 of 2025(2) dt.05-01-2026
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          of Excise Police Department and other personnel went to the

          spot to work out the said information. At the time of search, the

          petitioner and other members of the raiding party found some

          empty bottles of codeine syrup lying at the place of occurrence

          and no person was found in or around at the place of

          occurrence. Though he received source information that one

          Rajesh Kumar was illegally selling codeine syrup, he did not

          find the said Rajesh Kumar also at the spot. He interrogated

          local people but they could not throw any light over the said

          incident. Subsequently on 23rd of September, 2024, an unknown

          person contacted him over phone and disclosed his identity as a

          reporter of a Hindi Daily “Danik Bhaskar”. Thereafter, a false

          and concocted news paper report was published against the

          petitioner, alleging, inter alia, that the petitioner apprehended

          the said Rajesh Kumar. However, he was subsequently released

          without institution of any case as he was a follower of a sitting

          Minister of the State and the said A.S.I. received bribe of Rs.

          50,000/-.

                      2. After publication of the said news item, the

          Assistant Commissioner, Excise, Saharsa vide a letter no. 2225 /

          2525 dated 24th of September, 2025 asked the S.H.O. Excise

          Police Station, Saharsa to inquire into the incident and submit a
Patna High Court CWJC No.16205 of 2025(2) dt.05-01-2026
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          report. The S.H.O., Respondent No. 8 herein, submitted a report

          after interrogating the petitioner and other members of the

          raiding team and found petitioner’s version to be correct.

          However, he raised a doubt over the said issue on the following

          points:-

                      (i) As to why the empty bottles of codeine syrup were

          not seized;

                      (ii) Why no seizure list was prepared;

                      (iii) Why statement of local people was not recorded.

                      3. On the basis of the said report, the petitioner was

          suspended. A departmental proceeding was instituted and the

          petitioner was punished with the punishment of withholding of

          one increment with cumulative effect with censure.

                      4. The petitioner preferred an appeal against the said

          order passed by the Disciplinary Authority under Rule 23 of the

          Bihar Government Servants (Classification, Control & Appeal)

          Rules, 2005. The appeal was also dismissed. Against the

          appellate order of dismissal, the petitioner has preferred the

          instant writ petition praying for appropriate reliefs.

                      5. It is needless to say that Rule 27 of the Bihar

          Government Servants (Classification, Control & Appeal) Rules,

          2005 contains a provision of revision against the order passed
          Patna High Court CWJC No.16205 of 2025(2) dt.05-01-2026
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                    by the appellate authority. Without exhausting the procedure

                    contained in CCA Rules, 2005, the petitioner has filed the

                    instant writ petition which cannot be entertained at this stage.

                                6. Therefore, I have no other alternative but to dismiss

                    the instant writ petition.

                                7. However, the petitioner is given liberty to file

                    revision against the order passed in appeal by the appellate

                    authority before the competent authority. If such revision is

                    filed, the competent authority shall take liberal approach with

                    regard to limitation because of the fact that the petitioner

                    diligently was proceeding with the instant writ petition for

                    appropriate reliefs.



                                             (Bibek Chaudhuri, J)
uttam/-

U


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