Patna High Court
Amar Kumar SinhaversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The writ application was disposed of as withdrawn.
Summary
The petitioner, a retired civil court employee, filed a writ application seeking the quashing of a departmental proceeding initiated against him after his superannuation, alleging that the proceeding related to an incident that occurred fourteen years earlier and that the records were initially missing. He also sought to set aside an order dated 19-12-2024 passed by the Principal District and Session Judge. During the hearing, the petitioner submitted a supplementary affidavit stating that the missing records had been recovered and that the departmental proceeding had been dropped as per instructions. Consequently, the petitioner expressed his desire to withdraw the writ application. The High Court, after hearing counsel for both sides, disposed of the application as withdrawn.
Issues considered
- Whether the writ application seeking quashing of the departmental proceeding can be withdrawn by the petitioner.
Subjects
- writ petition
- withdrawal
- departmental proceeding
- quashing order
- superannuation
- civil service
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.362 of 2025
======================================================
Amar Kumar Sinha, S/o Late Mahendra Prasad Sinha, Resident of Mohalla
Laloo Pokhar Aruna Bhawan P.S.- Kasim Bazar, District- Munger Retired
Employee Civil Court Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through Law Secretary-cum-Legal Remembrancer, Govt.
of Bihar, Patna, Patna Old Secretariat, Patna.
2. The High Court of Judicature at Patna through Registrar General, Patna
High Court Patna Jawaharlal Nehru Marg, Veerchand Patel Road Area,
Patna, Bihar- 800028.
3. The Principal District and Session Judge, (as administrative Capacity), Civil
Court Lakhisarai, Police Station -Kabaiya (Lakhisarai) District- Lakhisarai-
811311.
4. The Additional Session Judge 4th cum Special Judge Excise Court 1st cum
Enquiry Officer, Lakhisarai Police Station -Kabaiya (Lakhisarai) District-
Lakhisarai 811311.
5. The Judge In-charge Administration, Civil Court, Lakhisarai Police Station
-Kabaiya (Lakhisarai ) District- Lakhisarai- 811311.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Jha, Advocate
Mr. Dhirendra Nath Jha, Advocate
Mr. Dinesh Kumar Gupta, Advocate
For the Respondent/s : Government Advocate-10
Mr. Piyush Lall, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 19-02-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
the following reliefs :-
“i. for quashing of Departmental
Proceeding No.-4/2024 initiated under No.-
219(M) dated 21st August 2024 by the order of
Patna High Court CWJC No.362 of 2025(5) dt.19-02-2026
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learned Principal District and Session Judge
Lakhisarai against the petitioner contained in
Annexure-1 by which the learned court of
District and Additional Session Judge 4th cum
Special Judge Excise court 1st cum Enquiry
Officer Lakhisarai issued a notice dated 26-11-
2024 to appear before him on 30-11-24
contained in Annexure-2 after superannuation
on 30-11-2022 for an action which was said to
have occurred 14 years ago;
ii. To quash the order dated 19-12-
2024 passed by learned Principal District and
Session Judge Lakhisarai contained in
Annexure-7 representation of the petitioner
dated 13-12-2024,
iii. Or grant such other relief or
reliefs in the interest of justice by issuance of an
appropriate writ, rule or direction or directions
in the interest of Justice.”
3. It is submitted by learned counsel for the petitioner
in reference to the statement made in the supplementary
affidavit that the records which had gone missing for which the
departmental proceeding had been initiated against the
petitioner has been recovered. It is further submitted that as per
instructions received, the proceeding against the petitioner
which was under challenge in the instant application has been
dropped.
4. In view of the aforesaid facts, the petitioner does
Patna High Court CWJC No.362 of 2025(5) dt.19-02-2026
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not press the writ application and seeks permission to withdraw
the same.
5. The application is disposed of as withdrawn.
(Partha Sarthy, J)
avinash/-
U
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