Patna High Court
Bishwajeet KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court declined to quash the termination memo and instead directed the Secretary to decide the pending appeal within ninety days.
Summary
Bishwajeet Kumar filed a writ petition challenging his termination from the post of Anushevak (Class IV) at the Industrial Training Institute, Dehri‑on‑Sone, on the ground that the termination memo dated 12.12.2019 was illegal. He sought quashing of the memo and reinstatement with full back wages and continuity of service. The petitioner also indicated that an appeal against the termination was pending before the Secretary, Youth Employment and Skill Development Department. The State argued that the writ petition could be disposed of by allowing the Secretary to decide the pending appeal. The Court held that it would not interfere with the termination but directed the Secretary to pass an order on the pending appeal within ninety days of receiving a copy of the judgment. Consequently, the writ petition was disposed of, with the matter left to the administrative authority for final determination.
Issues considered
- Whether the termination memo dated 12.12.2019 can be quashed by a writ of certiorari.
- Whether the petitioner is entitled to reinstatement with back wages and continuity of service.
- Whether the High Court can direct the Secretary, Youth Employment and Skill Development Department to decide the pending appeal within a specified time.
Subjects
- termination of service
- writ petition
- reinstatement
- back wages
- administrative law
- industrial training institute
- procedural fairness
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4212 of 2026
======================================================
Bishwajeet Kumar S/o- Late Shatrudhan Singh, R/o- Village- Kendui, P.S.-
Magadh Medical College, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Labour and Resources, Government of Bihar, Patna.
2. The Secretary, Department of Labour and Resources, Patna, Bihar,
Government of Bihar, Patna.
3. The Secretary, Youth Employment and Skill Development Department,
Bihar, Patna.
4. The Director, Employment and Training, Patna, Bihar.
5. The Principal, Industrial Training Institute, Dehri -on- Sone, District -
Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate
Mr. Mohit Ranjan, Advocate
For the Respondent/s : Mr. Mahendra Prasad Verma, AC to SC-20
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for the
following reliefs:-
“(i) To quash the letter contained
in Memo No. - 2525 dated 12.12.2019 issued
by the Director, Employment and Training,
Patna, Bihar, whereby and whereunder the
petitioner was terminated from the post
Anushevak (Class IV) at Industrial Training
Institute Dehri-on-son, Rohtas.
(ii) To direct the respondents to
reinstate the petitioner on the post of
Anushevak (Class IV) at Industrial Training
Institute Dehri-on-son, Rohtas with full back
Patna High Court CWJC No.4212 of 2026(2) dt.24-03-2026
2/2
wages and continuity of service.
And / or Pass any such order(s) as
Your Lordships may think fit and proper to
the facts and circumstances of the case.”
3. Learned counsel for the petitioner fairly submits
that the appeal is pending vide Annexure-P/11 before the
Secretary, Youth Employment and Skill Development
Department, Bihar, Patna (respondent No. 3).
4. Learned counsel for the State submits that the
present writ petition may be disposed of, granting liberty to
respondent No. 3 to pass an order on Annexure-P/11.
5. In the present facts and circumstances of the case,
the writ petition stands disposed of, directing the Secretary,
Youth Employment and Skill Development Department, Bihar,
Patna (respondent No. 3), to pass an order on the appeal filed by
the petitioner before him within 90 days from the
production/receipt of a copy of this order.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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