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Patna High Court

Dr. Ranjan Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                              2/3




                          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
                                                     3/3




                    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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