Patna High Court
Md. KabirversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The application is dismissed as withdrawn.
Summary
The petitioner, Md. Kabir, filed a writ application before the Patna High Court seeking a writ of certiorari to set aside an order dated 16.07.2021 that imposed a stoppage of one increment under Rule 14 of the Bihar Government Servant (Classification, Control and Appeal) Rule, 2005. The petition also challenged a subsequent order dated 03.09.2021 that rejected his review petition and kept the punishment in force. The petitioner later instructed his counsel to withdraw the application. The Court considered the request for withdrawal and found no need to examine the merits of the substantive issues. Consequently, the Court dismissed the application as withdrawn.
Issues considered
- Whether the order imposing stoppage of one increment under Rule 14 of the Bihar Government Servant (Classification, Control and Appeal) Rule, 2005 is valid
Subjects
- writ of certiorari
- government servant rule
- increment stoppage
- withdrawal of petition
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20617 of 2021
======================================================
Md. Kabir Son of- Md. Ayub, Resident of Village- Barail, P.S.- Kamtaul,
District- Darbhanga. At present- Shibly Colony, New Karimganj, Gaya, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, General Administration Department, Govt. of Bihar,
Patna.
3. The Joint Secretary, General Administration Department, Govt. of Bihar,
Patna.
4. The Under Secretary, General Administration Department, Govt. of Bihar,
Patna.
5. The Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna.
6. The Special Secretary, Social Welfare Department, Bihar, Patna.
7. The Joint Director, Social Welfare Department, Govt. of Bihar, Patna.
8. The Director, Integrated Child Development Scheme, Directorate, Bihar,
Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satyeshwar Prasad, Advocate
For the Respondent/s : Mr. Md. N.H. Khan, SC1
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 06-02-2026 1. The petitioner has filed the instant application for
the following reliefs:
“1. That this writ application is being filed for
issuance of a writ of certiorari or any other
appropriate writ(s),: Order(s), direction (s) for
setting aside the order contained in memo No.
7201 dated 16.07.2021 issued by the Joint
Secretary, General Administrative Department,
Govt. of Bihar (Annexure- P.5 to this petition),
Whereby and whereunder minor punishment of
Patna High Court CWJC No.20617 of 2021(4) dt.06-02-2026
2/2
(i)stoppage of one increment with noncumulative
effect, (ii) Censor; have been imposed and
notified against the petitioner under Rule 14 of
the Bihar Government Servant (Classification,
Control and Appeal) Rule 2005 as amended
UpToDate; and further to set aside the order
contained in Memo No. 9910 dated 03.09.2021,
issued by the Joint Secretary General
Administrative Department, Govt. of
Bihar(Annexure- P.6 to this petition) whereby
and whereunder the review petition filed by the
petitioner against the aforesaid punishment
order has been rejected and consequently, the
punishment order has been kept intact; and any
other reliefs, including restoration of one
increment, if stopped by the concerned
respondents, as Your Lordships may deem fit and
proper in the facts and circumstances of the
case.”
2. Learned counsel for the petitioner submits that as
per instructions received, he seeks permission to withdraw this
application.
3. In view of the above, the application is dismissed as
withdrawn.
(Partha Sarthy, J)
Bibhash
U
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