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Patna High Court

Sanjeev Kumar @ Sanjiv Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court declined to quash the suspension and instead directed the competent authority to decide the pending representation within 60 days, disposing of the writ petition.

Summary

Petitioner Sanjeev Kumar, a Deputy Superintendent of Police, was suspended by a memo dated 23 September 2025. He filed a writ petition in the Patna High Court seeking quashing of the suspension order and payment of subsistence allowance, alleging violation of the Bihar Civil Services (Classification, Control and Appeal) Rules. The petitioner had also filed a representation before the Additional Chief Secretary, Department of Home, which remained pending without a decision. The Court observed that keeping the writ petition pending would not serve any useful purpose while the representation was still under consideration. Accordingly, the Court directed the Additional Chief Secretary to pass a reasoned order on the representation within 60 days and disposed of the writ petition.

Issues considered

  • What is the appropriate remedy for a civil servant's suspension alleged to violate the Bihar Civil Services (Classification, Control and Appeal) Rules?
  • Whether the High Court should entertain a writ petition for quashing a suspension when a representation is pending before the competent authority?

Subjects

  • suspension
  • civil service rules
  • writ petition
  • administrative law
  • reasoned order
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3959 of 2026
                 ======================================================
                 Sanjeev Kumar @ Sanjiv Kumar Singh Son of Dr. Abhay Nath Singh,
                 Resident of Village- Majlispur, P.S. Mahnar, District- Vaishali, Presently
                 under suspension Dy. S.P. (Headquarter), Office of the Inspector General of
                 Police, Magadh Range, Gaya, District- Gayaji.


                                                                             ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Home, Bihar, Patna.
           2.    The Additional Chief Secretary, Department of Home, Bihar, Patna.
           3.    The Director General of Police, Bihar, Patna.
           4.    The Deputy Secretary of the Government, Department of Home (Police),
                 Bihar, Patna.


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Rajesh Kumar Mishra, Advocate
                 For the Respondent/s   :        None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   23-03-2026                     Learned counsel for the petitioner is present.

                   However, no one appears on behalf of the State.

                               2. The present writ petition has been filed for the

                   following reliefs:-

                                                      “That this is an application for
                                            issuance of appropriate writ(s), order(s),
                                            Direction(s), for quashing of the Notification
                                            contained in Memo No. 12386 dated
                                            23.09.2025    (Annexure-P/1)       passed     and
                                            issued by the Deputy Secretary to the
                                            Government, Department of Home (Police),
Patna High Court CWJC No.3959 of 2026(2) dt.23-03-2026
                                            2/3




                                  Bihar, Patna whereby and where under the
                                  petitioner has been suspended from the date
                                  of issuance of the order and further for
                                  issuance of direction to make payment of the
                                  subsistence allowance.
                                               And/Or
                                               Pass any other order/orders which
                                  may be deemed fit and proper in the facts
                                  and circumstances of the case.”


                      3. Learned counsel for the petitioner submits that the

          petitioner’s suspension is in clear violation of the Bihar Civil

          Services (Classification, Control and Appeal) Rules. In this

          regard, a representation has been filed before the Additional

          Chief Secretary, Department of Home, Bihar, Patna (Respondent

          No. 2), but no decision has been taken thereon till date.

                      4. It transpires to this Court that the petitioner’s

          representation, annexed as Annexure P/2, is pending before

          Respondent No. 2.

                      5. In light of the above, this Court is of the view that

          keeping the present writ petition pending would serve no useful

          purpose. Accordingly, this Court directs the Additional Chief

          Secretary, Department of Home, Bihar, Patna (Respondent No.

          2), to pass a reasoned and speaking order on the petitioner’s

          representation within a period of 60 days from the date of
         Patna High Court CWJC No.3959 of 2026(2) dt.23-03-2026
                                                     3/3




                   production/receipt of a copy of this order.

                               6. Accordingly, the present writ petition stands

                   disposed of.



                                                                  (Dr. Anshuman, J.)

Aman Kumar/-

U


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