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Patna High Court

Ramendra Prasad MishraversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for non‑prosecution, and the order stands.

Summary

The petitioner, Ramendra Prasad Mishra, a government employee, challenged an order dated 1‑Nov‑2013 issued by the Regional Deputy Director of Education, which treated his salary for the period after a transfer as unsanctioned leave because he did not join the transfer posting. He sought a writ of certiorari to quash that order, contending that he had not committed any lapse. No counsel appeared for either side on the dates of hearing. The Court noted the absence of any representation and observed that the petitioner had failed to prosecute the petition. Consequently, the High Court dismissed the writ petition for non‑prosecution, leaving the impugned order undisturbed.

Issues considered

  • Whether the order dated 1‑Nov‑2013 treating the petitioner’s salary as unsanctioned leave can be quashed by a writ of certiorari?
  • Whether the petitioner’s failure to appear amounts to abandonment of the petition?

Subjects

  • writ petition
  • certiorari
  • non‑prosecution
  • salary dispute
  • transfer
  • education department
  • public service law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2165 of 2017
                 ======================================================
                 Ramendra Prasad Mishra Son of Kapildeo Mishra, Resident of Village-
                 Mishrwalia, Post- Pawar, Post- Pawar, P.S.- Pawana, District- Bhojpur.

                                                                            ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    The Director of Secondary Education, Bihar at Patna.
           3.    The Regional Deputy Director of Education, region- Patna, Bihar at Patna.
           4.    The District Education Officer, Buxar.
           5.    The District Program Officer, Establishment, District- Buxar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s  None
                                          :
                 For the Respondent/s  None
                                          :
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   19-01-2026                    1. No one appears for the petitioner nor for the

                   respondents.

                                  2. The petitioner has filed the instant application

                   for the following reliefs:

                                        “1. That this is an application on behalf of the
                                        petitioner for issuance a writ, order or direction
                                        in the nature of certiorari to quash the order no.
                                        3 of order dated 1-11-2013 vide letter no. 1301
                                        as passed by respondent no. 3 by which the
                                        respondent no. 3 has passed an order that due to
                                        non-joining of transfer office by the petitioner
                                        after transfer, salary of that period will be paid
                                        as unsanctioned leave salary whereas as per the
                                        rule petitioner has not committed any latches
            Patna High Court CWJC No.2165 of 2017(3) dt.19-01-2026
                                                        2/2




                                         and/or may be pass other and further order
                                         which the petitioner is entitled to.”
                                  3. No one appeared on behalf of the petitioner on

                      21.11.2024 also.

                                   4. The case is dismissed for non-prosecution.




                                                 (Partha Sarthy, J)
Bibhash/-

U


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