Patna High Court

Prashant KumarversusThe State of Bihar

Decided: 24 March 2026
Disposal: DISPOSED
Bench: RITESH KUMAR

Holding

The petitioner must first file a statutory appeal under Rule 24(2) before the writ petition can be considered.

Summary

The petitioner, Prashant Kumar, filed a writ petition in the Patna High Court challenging a decision of the Public Health Engineering Department of Bihar. The State argued that the petitioner was required to first file a statutory appeal under Rule 24(2) of the Bihar Government Servant (Classification, Control & Appeal) Rules, 2005, before approaching the court. The petitioner claimed he had already filed a review petition with the Secretary, which remained pending. The Court held that the statutory appeal had not been exhausted and therefore the writ petition could not be entertained on its merits. Consequently, the petition was disposed, with liberty granted to the petitioner to file the required statutory appeal, which must be decided on its own merits.

Issues considered

Whether the petitioner was required to exhaust the statutory appeal under Rule 24(2) of the Bihar Government Servant (Classification, Control & Appeal) Rules, 2005 before filing a writ petition.

Subjects

writ jurisdiction
statutory appeal
exhaustion of remedies
administrative law
Bihar Government Servant Rules

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4076 of 2026
                 ======================================================
                 Prashant Kumar S/o- Late Shyam Kishore Prasad Singh, R/o Ayachi Gram,
                 Road No.- 01, P.S- Ahiyapur, District Muzaffarpur.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
           2.    The Principal Secretary, Public Health Engineering Department, Govt. of
                 Bihar, Patna.
           3.    The Joint Secretary, Public Health Engineering Department, Govt. of Bihar,
                 Patna.
           4.    The Engineer-in-Chief-cum-Special-Secretary, Public Health Engineering
                 Department, Govt. of Bihar, Patna.
           5.    The Zonal Chief Engineering, Muzaffarpur Zone, Public Health Engineering
                 Department, Govt. of Bihar, Patna.
           6.    The Superintending        Engineer,   Public   Health    Engineering    Circle,
                 Muzaffarpur.
           7.    The Executive Engineer, P.H. Division, Muzaffarpur.
           8.    The Executive Engineer, P.H. Division, Sitamarhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner    :        Mr. Siyaram Pandey, Advocate
                 For the State         :        Mr. M.N.H. Khan, S.C.1
                                                Ms. Babita Kumari, A.C. to S.C.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   24-03-2026                  Heard learned counsel for the parties.

                                2. At the outset, the learned counsel for the State-

                   Respondents submits that the petitioner has got a remedy of

                   filing statutory appeal before the Secretary of the concerned

                   department, as per the provisions contained in Rule 24(2) of the

                   Bihar Government Servant (Classification, Control & Appeal)

                   Rules, 2005, and the petitioner without availing the said remedy,
           Patna High Court CWJC No.4076 of 2026(2) dt.24-03-2026
                                                       2/2




                     has approached this Court by filing the present writ petition.

                                 3. Learned counsel for the petitioner submits that he

                     has already filed a review petition before the Secretary of the

                     concerned department, but the same has not been decided on

                     merit.

                                 4. Accordingly, the writ petition is disposed of with a

                     liberty to the petitioner to approach the Secretary, Public Health

                     Engineering Department, Government of Bihar, Patna by filing

                     the statutory appeal in accordance with law. If the same is filed

                     by the petitioner before the concerned Secretary, the same must

                     be decided on its own merit without being prejudiced by the

                     present order.


                                                (Ritesh Kumar, J.)

Sanjay/-

U

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