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Patna High Court

Amar Kumar SinhaversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The writ application was disposed of as withdrawn.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 The High Court, after hearing counsel for both sides, disposed of the application as withdrawn.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  • Whether the writ application seeking quashing of the departmental proceeding can be withdrawn by the petitioner.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
                                            2/3




                             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
                                                        3/3




                      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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