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Patna High Court

Mintu Kumar NiralaversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
                 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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