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Patna High Court

Sanjeev KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The order of suspension is appealable under Rules 23 and 24 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005, and the writ petition is disposed with liberty to appeal.

Summary

The petitioner, Sanjeev Kumar, filed a writ petition challenging an order of suspension issued by the Bihar Education Department. The petitioner argued that the suspension order was illegal and sought relief from the High Court. The State raised a preliminary objection, contending that under Rule 23 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005, the suspension order is appealable and therefore the writ petition is not maintainable. The Court examined the statutory provision and held that the order of suspension is indeed appealable under the said Rules. Consequently, the Court disposed of the writ petition, granting the petitioner liberty to prefer an appeal within 30 days under Rules 23 and 24 of the CCA Rules, 2005.

Issues considered

  • Whether the order of suspension issued to the petitioner is appealable under the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005.
  • Whether the writ petition challenging the suspension is maintainable in view of the appealability provision.

Subjects

  • suspension
  • service law
  • appealability
  • writ petition
  • Bihar education department
  • administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.16860 of 2024
                 ======================================================
                 Sanjeev Kumar Son of Late Shree Das Resident of Village-Dalsinhsarai, Ward
                 no. Old 5, New 3, Mohalla Jai Prakash Nagar Police Station-Dalsinghsarai
                 District- Samastipur, Pin 848114

                                                                            ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Principal Secretary, Education Department,
                 Government of Bihar, Patna.
           2.    The Principal Secretary, Education Department, Government of Bihar,
                 Patna.
           3.    The Director, Primary Education, Government of Bihar, New Secretariat,
                 Patna.
           4.    The District Education Officer, Gaya Distirct, Gaya.
           5.    The Block Education Officer, Takari, Gaya.
           6.    The Distirct Program Officer, (Establishment), Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Parashuram Singh, Advocate
                 For the Respondent/s   :      Mr. Standing Counsel (13)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   10-02-2026                 Heard learned Counsel for the petitioner and learned

                   Counsel for the State.

                               2. Learned Counsel for the petitioner submits that he

                   has filed the present writ petition against the order of

                   suspension.

                               3. Learned Counsel for the State raised preliminary

                   objection and submits that according to Rule 23 the Bihar

                   Government Servants (Classification, Control & Appeal) Rules,

                   2005 (hereinafter referred to as the ‘CCA Rules, 2005), the
         Patna High Court CWJC No.16860 of 2024(3) dt.10-02-2026
                                                    2/2




                   order of suspension is appealable.

                               4. In that view of the matter, the present writ petition

                   is disposed off granting liberty to the petitioner to prefer

                   appeal under Rules 23 and 24 of the CCA Rules, 2005 within

                   30 days from today.



                                                                   (Dr. Anshuman, J)
    Mkr./-

U


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