Patna High Court
Ranjay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court directed the Director, Secondary Education, Government of Bihar to pass an order on the petitioner's appeal within 60 days.
Summary
The petitioner, a head clerk in the District Education Office, challenged a punishment order dated 12.08.2022 issued by the Regional Deputy Director of Education, which imposed stoppage of two increments and a warning despite the enquiry report finding the allegations not fully proved. He sought certiorari to quash the punishment, mandamus to remove it, and an order directing the Director of Secondary Education to dispose of his pending appeal dated 28.08.2022. The State argued that the appeal was still pending. The High Court, without adjudicating the merits, directed the Director of Secondary Education to pass an order on the pending appeal within 60 days of receipt of the order. No substantive decision on the punishment was made.
Issues considered
- Whether the High Court can issue a writ directing the respondent authority to pass an order on the petitioner's pending appeal within a stipulated period
Subjects
- certiorari
- mandamus
- departmental punishment
- service book
- pending appeal
- high court direction
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1875 of 2026
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Ranjay Kumar Son of Panchdeo Prasad, At present residing at Gopalganj,
P.O. and P.S. Gopalganj, District Gopalganj, Address as per Aadhar Card is
District Education Office, Gopalganj, District- Gopalganj. At present posted
and working as Head Clerk in the office of the District Education Officer,
Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Govt. of Bihar,
Patna.
3. The Director, Secondary Education, Govt. of Bihar, Patna.
4. The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.
5. The Regional Deputy Director of Education, Saran Division, Chapra.
6. The District Education Officer, Gopalganj.
7. The District Programme Officer (Establishment), Gopalganj.
8. The District Education Officer, Siwan.
9. The District Programme Officer (Establishment), Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate
For the Respondent/s : Mr. Standing Counsel (06)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 05-02-2026 Heard learned Counsel for the petitioner and learned
Counsel for the State.
2. The present writ petition has been filed with the
following reliefs:-
“I. For issuance of an
Patna High Court CWJC No.1875 of 2026(2) dt.05-02-2026
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appropriate writ in the nature of
certiorari for quashing of punishment
order contained in memo no. 1067
dated 12.08.2022 issued by the
Regional Deputy Director of
Education, Saran Division, Chapra,
by which, though he has exonerated
the petitioner from departmental
proceeding but has imposed two
punishments upon the petitioner,
namely, (1) stoppage of two
increments with non-cumulative effect
(2) A warning has been given to
remain devoted in discharge of duties
and do not do anything which is
unbecoming of a Government Servant.
Apart from that, a direction has also
been for entry of the aforesaid
punishment in the service book of the
petitioner, without considering the fact
that the Enquiry Officer-cum- the
District Education Officer, Siwan in
his enquiry report has found that the
allegations against the petitioner is
not fully proved, which fact has also
been discussed by the Regional
Deputy Director of Education, Saran
Division, Chapra, while issuing
second show-cause to the petitioner
vide letter no. 897 dated 19.07.2022.
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II. For issuance of an
appropriate writ in the nature of
mandamus for commanding and
directing the respondent authorities
concerned to remove the aforesaid two
punishments i.e. stoppage of two
increments with non-cumulative effect
and to warning to remain devoted in
discharge of duties and do not do
anything which is unbecoming of a
Government Servant and also to
remove the said punishment from his
service book, as there is no such
allegation against the petitioner which
warranted any punishment especially
when the allegations was not found to
be fully proved in the enquiry but the
Regional Deputy Director of
Education, Saran Division, Chapra
without properly appreciating the
show-cause replies of the petitioner as
also the enquiry report has imposed
such punishment which is absolutely
arbitrary and unjustified.
III. For issuance of an
appropriate writ as an alternative
prayer of the petitioner for direction
to the Director, Secondary Education,
Govt. of Bihar, Patna to dispose of the
appeal of the petitioner dated
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28.08.2022 by reasoned and speaking
order by taking a sympathetic view for
removal of the aforesaid punishment
imposed by the Regional Deputy
Director of Education, Saran
Division, Chapra, as there is no such
proved allegations, which required
any punishment against the petitioner.
IV. For issuance of any
other writ/writs, order/orders,
direction/directions for which the
petitioner would be entitled in the
facts and circumstances of the present
case.”
3. Learned Counsel for the petitioner fairly submits
that his appeal is pending before respondent No.3, the Director,
Secondary Education, Government of Bihar, Patna, on which no
order has been passed till date. Counsel submits that in addition
to other relief he has also demanded alternative relief from the
Director, Secondary Education.
4. Learned Counsel for the State, on the other hand,
submits that as per the prayer his appeal is pending.
5. In this view of the matter, this Court without
entering into merit or demerit of this case, directs respondent
No.3, the Secondary Education, Government of Bihar, Patna, to
pass order on the appeal preferred by the petitioner, within 60
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days from the date of receipt/production of a copy of this order.
(Dr. Anshuman, J)
Mkr./-
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