Patna High Court
Dr. Ranjan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petition is not maintainable; the petitioner must first avail the remedy provided under Rule 24(2) of the Bihar CCA Rules, 2005.
Summary
Dr. Ranjan Kumar Singh challenged a 100% pension forfeiture order issued by the Bihar Health Department under Memo No.1093(9) dated 03.10.2025, alleging that the disciplinary proceeding was initiated without a charge sheet, violated the Bihar CCA Rules and principles of natural justice, and suffered an unjustified delay of over five years. He also sought to quash Memo No.480 (31.10.2025) that ordered seizure of his pension and claimed arrears of salary from 01.10.2016 to 30.06.2022 along with pension fixation. The State argued that the petitioner must first pursue the statutory remedy under Rule 24(2) of the Bihar CCA Rules, 2005. The Patna High Court, without examining the merits, held that the writ petition was not maintainable as the petitioner had not exhausted the prescribed statutory remedy. The Court directed the petitioner to file an appeal under Rule 24(2) within 30 days and the concerned authority to pass a reasoned order within 90 days. Consequently, the writ petition was disposed.
Issues considered
- Whether a writ petition challenging a pension forfeiture order is maintainable when a specific statutory remedy under Rule 24(2) of the Bihar CCA Rules, 2005 is available.
- Whether the disciplinary proceeding that led to the pension forfeiture violated the Bihar CCA Rules and principles of natural justice.
Subjects
- pension forfeiture
- disciplinary proceedings
- natural justice
- Bihar CCA Rules
- Rule 24(2)
- writ petition
- statutory remedy
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20244 of 2025
======================================================
Dr. Ranjan Kumar Singh Son of Late Hardeo Singh, Resident of Hardeo
Niwas, New Bahadurpur, P.S.- Bahadurpur, District- Patna 800016.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Health Department, Govt. of
Bihar, Patna.
2. Principal Secretary, Health Department, Govt. of Bihar, Patna.
3. Principal Secretary, Vigilance Department, Govt. of Bihar, Patna.
4. Accountant General, Bihar, Patna.
5. Director in Chief, Health Services, Govt. of Bihar, Patna.
6. Joint Secretary, Health Department, Govt. of Bihar, Patna.
7. Additional Secretary, Health Department, Govt. of Bihar, Patna.
8. Regional Additional Director, Health Services, Patna Division, Patna.
9. Superintendent, Patna Medical College and Hospital, Patna.
10. Civil Surgeon, Ara at Bhojpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Praveen Kumar, Adv.
For the Respondent/s : Mr.Advocate General
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 30-03-2026 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 quashing the punishment order
issued vide Notification contained in Memo
No.1093 (9) dated 03.10.2025 whereby the Health
Department, Government of Bihar has ordered for
forfeiture of 100% pension of the Petitioner after
holding him guilty in the disciplinary proceeding
Patna High Court CWJC No.20244 of 2025(3) dt.30-03-2026
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initiated against him without enclosing the Article
of Charge regarding initiation of the proceedings
by appointing Dr. Radha Kant Singh Sudhakar as
the conducting officer who has apparently/clearly
violated the CCA Rules and the principles of
natural justice, in the most arbitrary manner, apart
from unjustified delay of more than 5 years in
deciding the same.
(ii) Further for quashing the Memo
No.480 dated 31.10.2025 issued from the Office of
the Accountant General informing the seizure of
100% pension of the Petitioner on the basis of the
Health Department Resolution contained in Memo
No.1093 (9) dated 03.10.2025.
(iii) Further, for direction upon
Respondents to pay the arrears of due salary since
01.10.2016 to 30.06.2022 and fixation of pension
from 30.06.2022 as consequential relief, for which
the Petitioner is legally entitled to, along with
penal rate of interest from the date on which the
arrears of salary becomes due till the date of
actual payment which the Petitioner is legally
entitled / authorized to receive in the facts and
circumstances of the case.
3. Learned counsel for the State raised preliminary
objection and submits that the Annexure-1 i.e., Memo
No.1093(9) dated 03.10.2025 has been challenged before this
Hon’ble Court and against the said order, remedy lies to the
Patna High Court CWJC No.20244 of 2025(3) dt.30-03-2026
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petitioner under Rule 24(2) of the Bihar CCA Rules, 2005. But
the petitioner inspite of preferring the said statutory
appeal/memo, have challenged the said letter directly before this
Hon’ble Court.
4. In this view of the matter, this Court without
entering into merit and demerit of this case, the present writ
petition is hereby disposed off directing the petitioner to avail
his remedy under Rule 24(2) of the Bihar CCA Rules, 2005
within 30 days from the date of production of this order and the
concerned authority shall pass a reasoned and speaking order on
the same within 90 days thereafter.
5. With the aforesaid directions and observations, the
present writ application stands disposed off.
(Dr. Anshuman, J)
Prakashmani/-
U
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