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Patna High Court

Sukdeo RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was disposed as infructuous because the suspension had been revoked.

Summary

Sukdeo Ram, an in‑charge headmaster, challenged his suspension dated 25‑06‑2022 issued by the In‑charge Executive Officer of Zila Parishad, Khagaria. He argued that the suspension was unlawful. During the pendency of the writ, the suspension was revoked and the petitioner subsequently retired. The court noted that with the revocation, the relief sought became moot. Consequently, the writ petition was dismissed as infructuous.

Issues considered

  • What is the appropriate remedy when a suspension order is revoked before the writ is decided?

Subjects

  • suspension
  • service law
  • writ jurisdiction
  • revocation
  • infructuous
  • retirement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.16387 of 2022
                 ======================================================
                 Sukdeo Ram son of Sri Musafir Ram, Resident of Village-Mairwa, P.S.-
                 Mairwa, District-Siwan, at present Village-Sanhauli, P.O.-Koshi College, P.S.-
                 Chitraguptanagar, District-Khagaria.

                                                                      ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Human Resources
                 Department, Govt. of Bihar, Patna-1.
           2.    The Principal Secretary, Human Resources Department, Govt. of Bihar,
                 Patna-1.
           3.    The Commissioner, Munger Division, Munger.
           4.    The Deputy Development Commissioner-cum-Chief Executive Officer, Zila
                 Parishad, Khagaria.
           5.    The District Magistrate, Khagaria.
           6.    The District Education Officer, Khagaria.
           7.    The District Programme Officer, District-Khagaria.
           8.    The Add. District Magistrate, Khagaria.
           9.    The Chief Executive Officer, Zila Parishad, Khagaria.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Vivekanand Vivek, Adv.
                 For the Respondent/s    :     Mr. Prabhakar Jha (Gp27)
                 For the Zila Parishad   :     Mr. Nivesh Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

9   20-01-2026                  1. The petitioner has filed the present writ application

                   being aggrieved by the order dated 25.06.2022 issued by the In-

                   charge, Executive Officer, Zila Parishad, Khagaria, by which the

                   petitioner was suspended from the post of In-charge Headmaster

                   of Inter School, Mehsauri, District-Khagaria.

                                2. Learned counsel for the petitioner submits that the

                   suspension of the petitioner has been revoked and now the
          Patna High Court CWJC No.16387 of 2022(9) dt.20-01-2026
                                                     2/2




                    petitioner has already retired.

                                3. Considering the fact that the suspension has been

                    revoked, the present writ application is disposed as infructuous.



                                            (Anil Kumar Sinha, J)
HarshPandey/-

U


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