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Patna High Court

Ramesh Kumar PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court permitted the petitioner to file an appeal before the State Appellate Authority and disposed of the writ petition without deciding the substantive issues.

Summary

The petitioner, a Panchayat Teacher, filed a writ petition seeking a mandamus to quash the termination order dated 01.03.2023 and the subsequent affirmation by the District Appellate Authority on 10.09.2024, and to be reinstated to his former post. The petition also alleged that the termination was effected under the guise of a criminal case arising from a prior public interest litigation (C.W.J.C No.15459/2014). The Court, after hearing counsel, did not adjudicate the merits but allowed the petitioner to pursue the alternative remedy of filing an appeal before the State Appellate Authority. The Court directed that the appeal be decided expeditiously, preferably within three months of filing. Consequently, the writ petition was disposed of.

Issues considered

  • What is the appropriate remedy for the petitioner’s grievance regarding termination of service?
  • Whether a writ of mandamus can be issued to quash the termination order and the appellate affirmation thereof?
  • Whether the petitioner is entitled to reinstatement pending the outcome of the alternative appeal?

Subjects

  • writ jurisdiction
  • mandamus
  • termination of service
  • reinstatement
  • state employee
  • appeal
  • public interest litigation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.20988 of 2025
                 ======================================================
                 Ramesh Kumar Paswan S/o Rampunit Paswan, resident of Village-Darsur,
                 P.S.-Warisnagar, District-Samastipur.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Principle Secretary, Human Resource Department, Government of
                 Bihar, Patna.
           3.    The District Magistrate, Samastipur.
           4.    The District Programme Officer (Establishment), Samastipur.
           5.    The Block Development Officer, Warisnagar, Samastipur.
           6.    The Block Education Officer, Warisnagar, Samastipur.
           7.    The Member Secretary cum Panchayat Secretary, Panchayat Selection Unit,
                 Gram Panchayat, Basantpur, Ramani, Samastipur.
           8.    The District Teacher Appellate Authority, Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.P raveen Ranjan, Adv.
                 For the Respondent/s   :       Mr. Prashant Pratap, GP2
                                                Mr. Asit Kumar Jha, AC to GP-2
                                                Mr. Gopal Krishna, AC to GP-2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   12-01-2026                 Heard learned counsel for the parties.

                               2. The instant writ petition has been filed for

                   following relief/s:-

                                  “1. That the petitioner is invoking the writ
                          jurisdiction of this Hon’ble Court for issuance of
                          appropriate writ/writs, order/orders, direction /directions
                          commanding upon the respondent authorities for the
                          following reliefs:-
                                            (i) For issuance of writ in the nature of
                                  mandamus        for    quashing      the       order   dated
Patna High Court CWJC No.20988 of 2025(2) dt.12-01-2026
                                           2/3




                          10.09.2024 passed by the presiding the Officer
                          District Appellate Authority, Samastipur in case
                          no. 46/2023 whereby while dismissing the appeal
                          preferred by petitioner he has affirmed the order
                          contained in memo no. 11 dated 01.03.2023 issued
                          by      the     Member           Secretary-cum-Panchayat
                          Secretary,      Panchayat        Selection    Unit,   Gram
                          Panchayat, Basantpur, Ramani, Samastipur, where-
                          under services of the petitioner has been
                          terminated.
                                  (ii) For further to quash the order contained
                          in memo no. 11 dated 01.03.2023 issued by the
                          Member         Secretary-cum-Panchayat           Secretary,
                          Panchayat Selection Unit, Gram Panchayat,
                          Basantpur,      Ramani,         Samastipur,   where-under
                          services of the petitioner has been terminated
                          from the post of Panchayat Teacher under the garb
                          of institution under criminal case in pursuance of
                          order passed by Hon'ble Patna High Court in PIL
                          matter particularly in C.W.J.C no. 15459/2014.
                                  (iii) For issuance of direction upon the
                          respondent authority to reinstate the petitioner on
                          his earlier post.
                                  (iv) For any other relief / reliefs for which
                          the petitioner is found entitled in the facts and
                          circumstances of the case.”

                      3. For availing the alternative remedy to ventilate the

          grievance before the State Appellate Authority by way of filing
          Patna High Court CWJC No.20988 of 2025(2) dt.12-01-2026
                                                     3/3




                    appropriate appeal, permission is granted to the petitioner.

                                4. It is expected that on filing of such appeal by the

                    petitioner, the same shall be adjudicated expeditiously,

                    preferably within a period of three months from the date of such

                    filing of appeal.

                                5. With the aforesaid observation, the writ petition

                    stands disposed of.



                                                 (Ajit Kumar, J)
rishi/-

U


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