Patna High Court
Harinath BaithaversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The Court disposed of the writ application as withdrawn, granting the petitioner liberty to pursue other remedies.
Summary
The petitioner, an Executive Engineer, filed a writ application alleging that Respondent No.4, a senior engineer, repeatedly addressed him with the derogatory term 'Harijan', declared him mentally unstable, and publicly humiliated him in the office and over the mobile. The petitioner claimed that despite complaints to the State Water Resources Department, the Engineer-in-Chief, and the SC/ST Union Commission, no inquiry or show‑cause notice had been issued against Respondent No.4. He sought a writ directing the authorities to conduct an inquiry and any other relief deemed appropriate. After hearing arguments, the petitioner’s counsel requested permission to withdraw the writ application to pursue other legal remedies. The Court considered the request and allowed the withdrawal. Consequently, the application was disposed of as withdrawn, with liberty to approach other forums.
Issues considered
- What relief, if any, is appropriate for a writ petition seeking an administrative inquiry into alleged caste‑based harassment?
- Whether a petitioner may withdraw a writ application after filing, and what procedural consequences follow.
Subjects
- caste discrimination
- harassment
- administrative inquiry
- writ petition
- withdrawal of application
- public humiliation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3884 of 2026
======================================================
Harinath Baitha, Son of Ugul Baitha, Resident of Village- Sutihar Mathiyan,
P.S.- Derni, District- Saran at present posted as Executive Engineer, Planning
and Monitoring Division, Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Water Resources
Department, Govt. of Bihar, Patna.
2. The Engineer-in-Chief, Irrigation Creation, Water Resource Department,
Bihar, Patna.
3. The State Director, SC/ST Union Commission, Union of India, Karpoori
Bhawan, Rajiv Nagar, Patna.
4. Ajay Kumar Singh, Superintending Engineer-cum-Incharge, Chief Engineer,
Irrigation Creation Water Resources Department, Dehri, Dist.- Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Rai, Advocate
For the Respondent/s : Standing Counsel-21
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 23-03-2026 The petitioner has filed the instant application for the
following relief :-
“That this is an application for
issuance of apropriate writ/writs, order/orders,
direction/directions commanding the respondent
authorities to make enquiry on the complaint of
petitioner against respondent no. 4 who used to
pass derogatory remarks in presence of
subordinate employee of the Office by calling
him 'Harijan', has letter understanding being the
Harijan, mentally unstable and declared the
petitioner mentally unsound and publicly
humiliated him in the Office and over the mobile
Patna High Court CWJC No.3884 of 2026(2) dt.23-03-2026
2/2
though petitioner made complaint before all
concerned authorities i.e. respondent no. 1, 2, 3
but till date neither enquiry has been setup nor
any show-cause were issued to respondent no. 4
for his unethical and bad behaviour with the
petitioner.
The petitioner further seeks any other
relief/reliefs for which he is found entitled to the
eye of law and in the facts and circumstances of
the present case.”
2. After some argument, learned counsel for the
petitioner seeks permission to withdraw this application to
enable the petitioner to pursue the other remedies available to
him in law.
3. In view of the above, the application is disposed of
as withdrawn with the aforesaid liberty.
(Partha Sarthy, J)
avinash/-
U
Checking your session…