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Patna High Court

Md. Nasir AlamversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The writ application is disposed of as withdrawn, with liberty granted to the petitioner to file an appeal under the applicable service rules.

Summary

Petitioner Md. Nasir Alam filed a writ petition seeking certiorari and mandamus to quash a 26 June 2021 memo that withheld three annual increments on the ground of alleged misbehaviour with a superior, and to direct the grant of those increments. After hearing, counsel for the petitioner requested permission to withdraw the writ and to pursue an appeal under the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005. The Court allowed the withdrawal of the writ application and granted the petitioner liberty to file an appeal in accordance with the said Rules. No substantive merits of the alleged misconduct were adjudicated. The petition was therefore disposed of as withdrawn.

Issues considered

  • Whether a writ petition seeking quashing of a disciplinary order can be withdrawn after filing.
  • Whether the petitioner may be granted liberty to file an appeal under the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 after withdrawal.

Legislation cited

Subjects

  • writ petition
  • certiorari
  • mandamus
  • withdrawal
  • government service
  • increment denial
  • disciplinary action
  • appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1732 of 2022
                 ======================================================
                 Md. Nasir Alam Son of Late Md. Manzoor Alam, resident of Village-Masjid
                 Tola Sukhsena Balwa, Police Station-Palasi, District-Araria, presently posted
                 as U.D.C. Settlement Office, Biharsharif.

                                                                       ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Principal Secretary, Revenue and Land
                 Reforms Department, Government of Bihar, Patna.
           2.    The Director, Land Record and Measurement, Bihar, Patna.
           3.    The District Magistrate Nalanda, Biharsharif.
           4.    The Settlement Officer, Nalanda, Biharsharif.
           5.    The District Magistrate-cum-Settlement Officer, Bhagalpur.
           6.    The Assistant Settlement Officer (Headquarter), Bhagalpur.
           7.    Sri Anuj Kumar Jha, The Conducting Officer-cum-Assistant Settlement
                 Officer, Bhagalpur.
           8.    Sri Sonu Kumar Bhagat, The Conducting Officer-cum-Kanungo, Bhagalpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Md. Najmul Hodda, Advocate
                 For the Respondent/s   :       Mr. Sajid Salim Khan, S.C.-25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   26-03-2026                 The petitioner has filed the instant application for the

                   following relief(s):

                                            “I. For issuance of a writ of certiorari or
                               any other appropriate writ, order, orders direction
                               commanding the respondent authorities for quashing
                               the letter dated 26.06.2021 contained in memo no.
                               1801 issued by the respondent no. 3, The Director,
                               Land Record & Measurement Bihar, Patna by which
                               he has most arbitrarily and quite erroneously awarded
                               major punishment and directed to withhold three
                               annual increments with cumulative effect.
                                            II. For issuance of a writ of mandamus or
            Patna High Court CWJC No.1732 of 2022(4) dt.26-03-2026
                                                        2/2




                                   any other appropriate writ order or direction
                                   commanding the respondents authority to grant three
                                   annual increments to the petitioner with consequential
                                   benefit which has been deducted on a quite flimsy
                                   ground that he has committed misbehave with his
                                   superior in the office.
                                                III. For grant of any appropriate relief or
                                   reliefs for which the petitioner may be entitled, deemed
                                   fit and proper in the facts and circumstances of the
                                   case.”
                                  2. After some argument, learned counsel for the

                      petitioner seeks permission to withdraw the instant application

                      seeking liberty to file an appeal in accordance with the

                      provisions       contained       in     Bihar   Government    Servants

                      (Classification, Control and Appeal) Rules, 2005.

                                  3. The writ application stands disposed of as

                      withdrawn with the aforesaid liberty.



                                                 (Partha Sarthy, J)
Saurabh/-

U


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