Patna High Court

Shankar RamversusThe State of Bihar

Decided: 5 February 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The termination order is an appealable order under the service rules and not subject to immediate writ jurisdiction.

Summary

Shankar Ram, a Junior Engineer with over 18 years of service, filed a writ petition challenging his termination order dated 05-10-2025 issued by the Deputy Development Officer-cum-CEO of Zila Parishad, West Champaran. He alleged that the termination was effected without any reason and without affording him a hearing, violating natural justice. The respondents argued that the termination order is appealable under Rule 18(3) of the Bihar Zila Parishad (Conditions of Service) Rules, 2023. The Court examined whether the order was amenable to a writ petition or merely an internal appeal under the service rules. Concluding that the order is appealable, the Court dismissed the writ petition and directed the petitioner to file an appeal before the Adhyaksha, Zila Parishad within 30 days, with the appeal to be decided within 90 days.

Issues considered

Whether the termination order of a Junior Engineer without reason or hearing is amenable to judicial review under a writ petition.
Whether the order is appealable under Rule 18(3) of the Bihar Zila Parishad (Conditions of Service) Rules, 2023.

Subjects

termination of service
natural justice
writ petition
appealable order
Bihar Zila Parishad Rules
service regularisation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1929 of 2026
                 ======================================================
                 Shankar Ram Son Of Jang Bahadur Ram Resident Of Village- Ram Nagar,
                 Bankat, Ward No.09, P.S.- Majhaulia, District- West Champaran.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    The Principal Secretary, Panchayat Raj Department Government of Bihar,
                 Patna
           3.    The Director, Panchayat Raj Department, Bihar, Patna
           4.    the Deputy Development officer cum Chief Executive Officer, Jila Parishad
                 West Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr.Anish Chandra, Advocate
                 For the State           :     Md. Nadim Seraj, GP-5
                                               Ms. Shalini, AC to GP-5
                 For the Zila Parishad   :     Mr. Prince Kumar Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

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

                   counsel for the State and learned counsel for the Zila Parishad,

                   West Champaran.

                                 2. The petitioner has filed the present writ petition

                   praying for quashing of the order contained in Memo No. 917

                   dated 05.10.2025, issued under the signature of respondent no.4,

                   whereby and whereunder the petitioner has been terminated

                   from the post of Junior Engineer after serving for more than 18

                   years, without assigning any reason and without affording any

                   opportunity of hearing, in violation of the principles of natural

                   justice. The petitioner has further prayed for issuance of a
            Patna High Court CWJC No.1929 of 2026(2) dt.05-02-2026
                                                        2/2




                      direction to the respondent authorities to regularize his service.

                                  3. Learned counsel appearing on behalf of the Zila

                      Parishad submits that the order passed by the Deputy

                      Development         Officer-cum-Chief          Executive   Officer,   Zila

                      Parishad, West Champaran, is an appealable order before the

                      Adhyaksha, Zila Parishad, under Rule 18(3) of the Bihar Zila

                      Parishad (Conditions of Service) Rules, 2023.

                                  4. In view of the aforesaid submissions and since the

                      impugned order is an appealable order, the present writ petition

                      is disposed of with a direction to the petitioner to file an appeal

                      before the Adhyaksha, Zila Parishad within a period of 30 days

                      from today. Upon filing of the appeal along with a copy of this

                      order, the Adhyaksha, Zila Parishad shall consider and decide

                      the appeal by passing a reasoned and speaking order within a

                      period of 90 days thereafter. The said period of 90 days shall be

                      reckoned from the date of appearance of all concerned parties.



                                                 (Dr. Anshuman, J)
Ashwini/-

U

Continue reading with your account

Checking your session…