Patna High Court
Janakdeo RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court allowed the petitioner to withdraw the writ application, disposing of it as withdrawn.
Summary
Janakdeo Ram, a former Panchayat Secretary of Block Raghunathpur, Siwan, filed a writ petition challenging his dismissal order dated 19-01-2026, alleging violation of natural justice and procedural irregularities. He sought quashing of the dismissal order, reinstatement with back wages and other service benefits. During the hearing, the petitioner’s counsel requested permission to withdraw the writ application so that an appeal could be filed under the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005. The Court examined whether the petitioner was entitled to withdraw the writ petition and considered the procedural propriety of allowing such withdrawal. Finding no impediment, the Court granted liberty to withdraw the application. Consequently, the writ petition was disposed of as withdrawn, permitting the petitioner to pursue the statutory appeal.
Issues considered
- Whether the writ petition challenging the dismissal order can be entertained.
- Whether the petitioner is entitled to withdraw the writ application to file an appeal under the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005.
Legislation cited
Subjects
- service termination
- natural justice
- writ petition
- withdrawal of application
- government servant rules
- appeal under service rules
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3425 of 2026
======================================================
Janakdeo Ram S/o Late Ramjit Ram, Resident of Vill- Khedaya Pipra, P.S.-
Ander, Distt- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Panchayat Raj
Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Panchayat Raj Department, Govt. of Bihar, Patna.
3. The Director, Panchayat Raj Department, Govt. of Bihar, Patna.
4. The District Magistrate, Siwan.
5. The Deputy Development Commissioner, Siwan.
6. The Sub-Divisional Officer cum, Siwan Sadar cum Conducting Officer,
Siwan.
7. The District Panchayat Raj Officer, Siwan.
8. The Block Development Officer, Raghunathpur, Siwan.
9. The Block Panchayat Raj Officer, Raghunathpur, Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Respondent/s : Standing Counsel-13
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 13-03-2026 1. The petitioner has filed the instant application for
the following reliefs:
“(i) For issuance of appropriate writ(s), thereby
quashing and setting aside the order of dismissal
as contained in Memo no. 289 issued under the
seal and signature of the Respondent No. 4 dated
19.01.2026 whereby and whereunder the
petitioner has been dismissed from service in
gross violation of principles of natural justice
and established legal procedures.
(ii) For consequently issuance of appropriate
Patna High Court CWJC No.3425 of 2026(2) dt.13-03-2026
2/2
writ(s) thereby commanding upon the
respondents to reinstate the petitioner in service
as panchayat secretary block- Raghunathpur,
Distt. Siwan with full back wages, all
consequential service benefits and continuity of
service.
(iii) For grant of any other relief(s) which the
petitioner may be entitled to in the facts and
circumstances of the present case.”
2. After some arguments, learned counsel for the
petitioner seeks permission to withdraw this application in order
to enable the petitioner to prefer an appeal as per the provisions
under Bihar Government Servants (Classification, Control and
Appeal) Rules, 2005.
3. This application is disposed of as withdrawn with
the aforesaid liberty.
(Partha Sarthy, J)
Bibhash/-
U
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