Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- NANI TAGIA
Holding
The High Court disposed of the writ petition by ordering the District Magistrate to decide the pending appeal within six weeks.
Summary
Manish Kumar, a Gramin Awas Sahayak, was terminated from service by a memo dated 09‑09‑2025 issued by the Deputy Development Commissioner, Bhojpur. He filed a writ petition challenging the termination and also lodged an appeal before the District Magistrate on 12‑10‑2025, which remained pending. The Patna High Court examined the petition and noted the pending appeal. The Court disposed of the writ petition by directing the District Magistrate to consider and dispose of the appeal within six weeks of receiving a certified copy of the order. No substantive ruling on the merits of the termination was made; the petition was closed with the directive.
Issues considered
- What procedural step should the High Court take when a writ petition challenges a termination order that is already under appeal before a lower administrative authority?
Subjects
- termination of service
- Gramin Awas Sahayak
- writ petition
- administrative appeal
- expeditious disposal
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1803 of 2026
======================================================
Manish Kumar Son of Ganesh Prasad Resident of village Ward no 08
Narayanpur Hasan Bazar, PS Piro, District Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Planning and
Development Department, Government of Bihar, Patna.
2. The District Magistrate, Bhojpur.
3. The Deputy Development Commissioner, Bhojpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mohit Shriwastava, Advocate
For the Respondent/s : Mr. Ramadhar Singh, GP-25
======================================================
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 the
termination order dated 09.09.2025 (annexure-P/2 to the writ
petition), issued by the Deputy Development Commissioner,
Bhojpur vide Memo No. 2709, whereby, the petitioner has been
terminated from the post of Gramin Awas Sahayak.
3. It is, however, been stated in paragraph No. 11 of
the writ petition that against the aforesaid termination order an
Appeal has been preferred on 12.10.2025 before the District
Magistrate, Bhojpur which, however, remains not considered
and disposed off by the District Magistrate, Bhojpur/ respondent
No. 2.
Patna High Court CWJC No.1803 of 2026(2) dt.05-02-2026
2/2
4. In the aforesaid circumstances, this writ petition
stands disposed off with a direction to the District Magistrate,
Bhojpur/ respondent No. 2 to consider and dispose of the appeal
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/-
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