Patna High Court
Ramesh Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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
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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
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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/-
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