Patna High Court

Manoj Kumar PathakversusThe State of Bihar

Decided: 5 February 2026
Disposal: DISPOSED
Bench: NANI TAGIA

Holding

The Court disposed the writ petition and directed the appellate authority to consider and dispose of the pending appeal within three months.

Summary

Manoj Kumar Pathak, an Inspector of Bihar Police, was dismissed by an order dated 08‑10‑2025 issued by the Director General of Police. He filed a statutory appeal under Rule 23 of the Bihar Government Servant (CCA) Rules, 2005 before the Additional Chief Secretary, Home (Police) Department on 02‑12‑2025, which remains pending. The petitioner approached the Patna High Court seeking a writ directing the appellate authority to consider and dispose of the appeal. The Court held that the writ petition could be disposed of at this stage and directed the respondent to decide the appeal within three months of receiving the certified copy of the order. Accordingly, the writ petition was disposed with the said direction.

Issues considered

Whether a writ petition challenging a dismissal can be entertained when a statutory appeal under the relevant service rules is pending.
Whether the High Court can direct the appellate authority to decide the pending appeal within a specified time.

Subjects

service law
dismissal
statutory appeal
writ petition
administrative law
police service
Rule 23
Rule 27
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1709 of 2026
                 ======================================================
                 Manoj Kumar Pathak son of Jagat Narayan Pathak, resident of village and
                 P.O. Amarut, P.S. Bahera, District Gayajee, PIN 824201.
                                                                           ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through the Additional Chief Secretary, Home (Police)
                  Department, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Home (Police) Department, Govt. of Bihar,
                 Patna.
           3.    The Director General of Police, Bihar, The Director General of Police,
                 Bihar, Patna.
           4.    The D.I.G. of Police, Sahabad Range, Dehri -on- Sone, District Rohtas.
           5.    The Superintendent of Police, Buxar, at Buxar.
           6.    The Superintendent of Police, Bhojpur, at Ara.
           7.    The Superintendent of Police, Kaimur, at Bhabua.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Dr. Mayanand Jha, Sr. Advocate
                                                Mr. Giridhar Gopal Tiwary, Advocate
                 For the Respondent/s    :      Mrs. Binita Singh, SC-28
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                                       ORAL ORDER

2   05-02-2026                      Heard learned senior counsel for the petitioner and

                   learned counsel for the respondents.

                                 2. This writ petition is directed against the order dated

                   08.10.2025 (annexure-P14 series to the writ petition), issued by

                   the Director General of Police vide Memo No. 811 whereby the

                   petitioner has been dismissed from the post of Inspector of

                   Police, Bihar Police.

                                 3. Against the aforenoted order of dismissal, the

                   petitioner has filed a statutory appeal under Rule 23 of the Bihar

                   Government Servant (CCA) Rules, 2005 (hereinafter referred as

                   ‘Rules 2005’) before the Additional Chief Secretary, Home
            Patna High Court CWJC No.1709 of 2026(2) dt.05-02-2026
                                                        2/2




                      Department on 02.12.2025 (annexure-P15 to the writ petition),

                      which according to the petitioner is yet to be considered and

                      disposed of by the appellate authority.

                                   4. The appeal has been filed under Rule 23 of the

                      Rules 2005 and the same is to be considered by the appellate

                      authority in the manner it has been provided in Rule 27 of the

                      Rules 2005.

                                   5. Since the statutory appellate authority is in seisin of

                      the appeal filed by the petitioner, this writ petition is hereby

                      disposed off at this stage itself with a direction to the respondent

                      No. 2/ the Additional Chief Secretary, Home (Police)

                      Department, Government of Bihar, Patna to consider and

                      dispose of the appeal dated 02.12.2025 filed by the petitioner

                      under Rule 23 of the Rules 2005, strictly in accordance with

                      Rule 27 of the Rules 2005, as expeditiously as possible, and in

                      any case not later than three months from the date of receipt of

                      certified copy of this order.

                                   6. The writ petition is disposed off with the above

                      direction.



                                                    (Nani Tagia, J)
nishant/-

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