Patna High Court
Mintu Kumar NiralaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court declined to quash the termination and instead directed the petitioner to place the representation before the District Magistrate, ordering a decision within 90 days, thereby disposing the petition.
Summary
The petitioner, Mintu Kumar Nirala, an Executive Assistant at the Circle Office Masaurhi, was terminated by the District Magistrate on 22‑08‑2025. He filed a representation with the Divisional Commissioner on 01‑12‑2025, which in turn directed the District Magistrate to act in accordance with law on 09‑01‑2026, but no action was taken. Consequently, he filed a writ petition seeking a certiorari to quash the termination, reinstatement, monetary benefits and other consequential reliefs. The State contended that the petition was premature and that only a procedural direction to the District Magistrate could be issued. The Patna High Court directed the petitioner to place the order sheet and his representation before the District Magistrate within 30 days and ordered the District Magistrate to decide the matter within 90 days, thereby disposing the writ petition without granting the reliefs sought.
Issues considered
- Whether the termination order dated 22‑08‑2025 can be quashed by a writ of certiorari
- Whether the petitioner is entitled to reinstatement and monetary benefits pending a decision
- Whether the writ petition is premature and the court may only direct the District Magistrate to act
Subjects
- termination of service
- writ of certiorari
- reinstatement
- administrative law
- premature petition
- procedural direction
- public service
- Right to Public Service
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3214 of 2026
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Mintu Kumar Nirala Son of Mithlesh Prasad, resident of village Shripur, P.S.-
Ghoshi District- Jehanabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Bihar Prashasnik Sudhar Mission Society General Administration
Department, Government of Bihar, Patna.
3. The Mission Director, the Bihar Prashasnik Sudhar Mission Society General
Administration Department Government of Bihar, Patna.
4. The Additional Mission Director, the Bihar Prashasnik Sudhar Mission
Society General Administration Department, Government of Bihar, Patna.
5. The Divisional Commissioner, Patna Division, Patna.
6. The District Magistrate, Patna.
7. The Additional District Magistrate, Patna.
8. The Sub-Divisional Officer, Patna.
9. The Nodal Officer RTPS (Right to Public Service), Circle Office Masaurhi,
Patna.
10. The Officer in charge, Masaurhi, Patna.
11. The Circle Officer, Masaurhi Block, Patna.
12. The Block Development Officer, Masaurhi Block, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate
For the State : Mr. K.P. Gupta, GP-10
Mr. Satya Vrat, AC to GP-10
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for the
following reliefs:-
(i) For issuance of writ in the
nature of certiorari for quashing Order
Patna High Court CWJC No.3214 of 2026(2) dt.10-03-2026
2/3
dated 22.08.2025 by which the petitioner has
been terminated/removed from service as
Executive Assistant at Circle Office
Masaurhi, Patna vide memo No. XXIX-
82/2024 2451 सथाo Patna, Dated 22.08.2025
by District Magistrate, Patna.
(ii) to reinstate the petitioner on
the post of Executive Assistant at Circle
Office Masaurhi, Patna.
(iii) to grant monetary benefits
from the date of termination till
reinstatement.
(iv) to grant any other
consequential relief / reliefs to which the
petitioner may be found entitled to in the
facts and circumstances of the case.
3. Learned counsel for the petitioner submits that the
petitioner has filed a representation before the Divisional
Commissioner, Patna Division, Patna which is annexed as
Annexure-P/10 on 01.12.2025. He further submits that the
petitioner has made a specific pleading in paragraph No. 21 of
the petition that, on his representation, the Divisional
Commissioner, Patna Division, Patna directed the District
Magistrate, Patna to take action in accordance with law vide
Letter No. सथा०-XII=03/2025-11 / सथा०, dated 09.01.2026, but
no action has been taken till date.
Patna High Court CWJC No.3214 of 2026(2) dt.10-03-2026
3/3
4. Learned counsel for the State, on the other hand,
submits that the case of the petitioner is premature, but at this
stage only a direction may be given to the District Magistrate,
Patna (respondent No. 6) to proceed in accordance with law.
5. In light of the submissions made above, the
petitioner is hereby directed to place this order sheet before the
District Magistrate, Patna (respondent No. 6), along with the
said representation filed before the Divisional Commissioner,
Patna Division, Patna, with all annexures, within 30 days. Upon
receipt thereof, respondent No. 6 is hereby directed to take a
decision in the matter of the petitioner within 90 days thereafter.
6. Accordingly, the present writ petition stands
disposed off.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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