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Patna High Court

Ranjay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
                 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.
Patna High Court CWJC No.1875 of 2026(2) dt.05-02-2026
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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
Patna High Court CWJC No.1875 of 2026(2) dt.05-02-2026
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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
         Patna High Court CWJC No.1875 of 2026(2) dt.05-02-2026
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                   days from the date of receipt/production of a copy of this order.



                                                                  (Dr. Anshuman, J)
    Mkr./-

U


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