Patna High Court
Chandramani Prasad SinghversusThe Bihar School Examination Board and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The application is dismissed as withdrawn.
Summary
The petitioner, a staff member of the Bihar School Examination Board, was placed under suspension by an office order dated 06‑10‑2016 invoking Rule 9(3) of the Bihar Government Servants (Classification Control and Appeal) Rules, 2005. He filed a writ petition seeking a certiorari to quash the suspension, alleging that no preliminary enquiry was conducted and that the concurrent departmental and criminal proceedings would cause gross injustice. The petitioner’s counsel later informed the court that the matter had become infructuous and requested withdrawal of the application. The court considered the request and, finding the petition withdrawn, dismissed the application. Consequently, no further relief was granted.
Issues considered
- Whether the writ petition seeking quash of the suspension order should be entertained.
- Whether the suspension under Rule 9(3) was valid without a preliminary enquiry.
- Whether the continuation of departmental and criminal proceedings on the same facts constitutes gross injustice.
Legislation cited
Subjects
- certiorari
- suspension
- departmental proceeding
- withdrawal of petition
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4062 of 2017
======================================================
Chandramani Prasad Singh S/o Sri Lakhan Prasad Singh, R/o Dharampur,
P.S.- Noorsarai, District- Nalanda.
... ... Petitioner/s
Versus
1. The Bihar School Examination Board, Patna through its Chairman, Sinha
Library Road, Patna.
2. Secretary, Bihar School Examination Board, Sinha Library Road, Patna.
3. Chief Vigilance Officer-cum-Enquiry Officer, Bihar School Examination
Board, Patna.
4. Section Officer-Cum-Presenting Officer, Bihar School Examination Board,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar Shukla, Advocate
For the Respondent B.S.E.B.: Mr. Satyabir Bharti, Sr. Advocate
Ms. Kanupriya, Advocate
Mr. Abhishek Anand, Advocate
Ms. Aastha Prakash, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
9 19-01-2026 The petitioner has filed the instant application for the
following reliefs:
“(i) A writ in the nature of certiorari for
quashing the office order contained in Memo No.
BSEB (05/331/Estb./16 dated 06.10.2016 whereby and
where under it has been resolved to initiate
departmental proceeding against the Petitioner by
placing him under suspension under Rule 9(3) (ii) of
Bihar Govt. Servant (Classification Control and
Appeal) Rule, 2005.
(ii) To adjudicate and hold that the
Petitioner has been subjected to a departmental
proceeding after placing him under suspension on
Patna High Court CWJC No.4062 of 2017(9) dt.19-01-2026
2/2
nonest and baseless charges without holding any
preliminary enquiry as to whether Petitioner is at all
attach with such work or not as alleged in the Memo of
charge.
(iii) To adjudicate and hold that
continuance of departmental proceeding as well as the
criminal proceeding simultaneously on same and
similar set of facts & thereby constituting charges will
cause gross injustice to the Petitioner.
(iv) Any other appropriate writ/writs be
issued, order/ orders be passed and
direction/directions be given for which the Petitioner
may be found entitled in the given facts and
circumstances of this case.”
2. It is submitted by learned counsel for the petitioner
that the instant case having become infructuous, he seeks
permission to withdraw this application.
3. In view of the above, the application is dismissed as
withdrawn.
(Partha Sarthy, J)
Saurabh/-
U
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