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Patna High Court

Manish Kumar RoyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed of with a direction to the Collector‑cum‑District Magistrate to consider and dispose of Service Appeal No. 03 of 2025 within six weeks of receipt of the certified copy of this order.

Summary

Manish Kumar Roy challenged his termination as Panchayat Rojgar Sewak issued by the Deputy Development Commissioner on 9 July 2025. He had filed Service Appeal No. 03 of 2025 before the Collector‑cum‑District Magistrate on 22 July 2025, which remained pending. The petitioner sought a writ of certiorari to quash the termination order. The High Court examined whether the termination could be set aside while the service appeal was pending and whether the writ court could direct the authority to decide the appeal. The Court held that the writ petition could be disposed of by directing the Collector‑cum‑District Magistrate to consider and dispose of the pending service appeal within a stipulated period. Accordingly, the petition was dismissed with a direction to dispose of the appeal within six weeks of receipt of the certified copy of the order.

Issues considered

  • Whether the termination order of the Panchayat Rojgar Sewak can be challenged by a writ petition while a service appeal is pending
  • Whether the High Court can direct the Collector‑cum‑District Magistrate to decide the pending service appeal within a specific time frame

Subjects

  • termination of service
  • service appeal
  • writ jurisdiction
  • administrative law
  • MGNREGA

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1755 of 2026
                 ======================================================
                 Manish Kumar Roy Son of Sunil Kumar Roy, Resident of Village- Morsandi,
                 Block- Motipur, P.S- Motipur, District- Muzaffarpur.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Rural Development
                 Department, Government of Bihar, Patna.
           2.    The Commissioner, Mahatma Gandhi National Rural Employment
                 Guarantee Scheme (MGNREGA), Rural Development Department,
                 Government of Bihar, Patna.
           3.    The District Magistrate, Muzaffarpur.
           4.    The Deputy Development Commissioner, Muzaffarpur.
           5.    The District Program Officer, Mahatma Gandhi National Rural Employment
                 Guarantee Scheme (MGNREGA), Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Karandeep Kumar, Advocate
                 For the Respondent/s   :     Mr. Government Pleader (23)
                                              Mr. Sanjay Kumar, AC to GP-23
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                                       ORAL ORDER

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

                   counsel for the respondents.

                               2. The order under challenge in the writ petition is

                   dated 09.07.2025 (annexure-P2 to the writ petition) issued by

                   the    Deputy        Development      Commissioner,        Muzaffarpur/

                   respondent No. 4 vide memo No. 2446/Abhi., Muz., whereby

                   the petitioner has been terminated from the post of Panchayat

                   Rojgar Sewak.

                               3. It is, however, been stated in paragraph No. 23 of

                   the writ petition that against the aforesaid termination order a
            Patna High Court CWJC No.1755 of 2026(2) dt.05-02-2026
                                                        2/2




                      Service Appeal No. 03 of 2025 has been preferred before the

                      Collector-cum-District Magistrate, Muzaffarpur on 22.07.2025,

                      which however remains not considered and disposed off by the

                      Collector-cum-District Magistrate, Muzaffarpur/ respondent No.

                      3.

                                   4. In the aforesaid circumstances, this writ petition

                      stands disposed off with a direction to the Collector-cum-

                      District Magistrate, Muzaffarpur/ respondent No. 3 to consider

                      and dispose of the Service Appeal No. 03 of 2025 preferred by

                      the petitioner, in accordance with law, as expeditiously as

                      possible, and in any case not later than six weeks from the date

                      of receipt of certified copy of this order.

                                   5. The writ petition is disposed off with the above

                      direction.



                                                    (Nani Tagia, J)
nishant/-

U


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