Patna High Court
Sanjeev Kumar @ Sanjiv Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
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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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