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Patna High Court

Sanjay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed as the proper remedy is a review petition under Rule 24(2) of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005.

Summary

The petitioner, Sanjay Kumar, a government employee, filed a writ petition challenging a series of departmental orders that withheld his salary increment and required him to submit an opinion without contesting an enquiry report. He sought quashing of the memo dated 10‑12‑2025, a letter dated 11‑11‑2025, the enquiry report of 13‑10‑2025, a subsequent resolution dated 27‑05‑2025, and a related report dated 09‑04‑2025. The State argued that the petitioner should have pursued the remedy provided under Rule 24(2) of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005, which allows only a review petition and not a writ. The Court examined Rule 24(2) and held that no appeal lies against the government order; only a review in the form of a memorial is permissible. Consequently, the writ petition was dismissed, with the Court directing the petitioner to file a review under the said rule and condoning any delay in doing so.

Issues considered

  • Whether the writ petition challenging the departmental orders is maintainable when Rule 24(2) of the Bihar CCA Rules, 2005 provides a specific review remedy
  • Whether the petitioner is required to pursue a review petition instead of a writ for the alleged punishment

Subjects

  • writ petition
  • departmental enquiry
  • increment withholding
  • review petition
  • Rule 24
  • Bihar CCA Rules
  • administrative law
  • quashing order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.4378 of 2026
                 ======================================================
                 Sanjay Kumar S/o Late Deo Nandan Singh, Resident of Village- Munichak,
                 Post Office- Muzaffara, Police Station- Birpur, District- Begusarai.
                                                                              ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through the Additional Chief Secretary, Education
                 Department, Bihar, Patna.
           2.    The Additional Chief Secretary, Education Department, Bihar, Patna.
           3.    The Special Secretary-cum-Director, Administration, Education Department,
                 Bihar, Patna.
           4.    The District Magistrate, East Champaran, Motihari.
           5.    The Deputy Development Commissioner, East Champaran, Motihari.
           6.    The Director, Accounts, Administration and Self-employment, District Rural
                 Development Authority, East Champaran.
           7.     The District Education Officer, East Champaran, Motihari.
                                                                          ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Navendu Kumar, Advocate
                 For the Respondent/s   :        Mr. Amit Bhushan, AC to GP-17
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   26-03-2026                 Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. Learned counsel for the petitioner submits that the

                   present writ petition has been filed for the following reliefs:-

                                               (i) For quashing/ setting aside the Memo
                                  no. 03/Aa.1-84/2025i/333301 dated 10.12.2025
                                  under the signature of Director, Administration,
                                  Education Department, Bihar, by which the
                                  petitioner was inflicted with a punishment of
                                  withholding of one increment without cumulative
                                  effect;
                                               (ii) For quashing/ setting aside the Letter
                                  no. 319180 dated 11.11.2025 issued under the
                                  signature      of     the    Director,      Administration,
Patna High Court CWJC No.4378 of 2026(2) dt.26-03-2026
                                            2/3




                          Education Department, Bihar, by which the
                          petitioner was asked to submit his opinion under
                          Rule 18 (3) of the Bihar Government Servants
                          (Classification, Control and Appeal) Rules, 2005
                          without differing with the enquiry report;
                                      (iii) For quashing/ setting aside the
                          enquiry report dated 13.10.2025 prepared in the
                          departmental enquiry in view of the resolution
                          contained in the memo number- 3/ Aa.1-84/2025-
                          254 Patna dated 27.05.2025;
                                      (iv) For quashing/ setting aside the
                          resolution contained in the memo number 3/ Aa.1-
                          84/2025 254 Patna dated 27.05.2025 issued in the
                          name of Subodh Kumar Chaudhari, Special
                          Secretary-cum-Director                   (Administration),
                          Education Department, Bihar along with Aarop-
                          Patra issued against the petitioner;
                                      (v) For quashing/ setting aside the report
                          contained in the Letter no. 683 dated 09.04.2025
                          submitted         by      the       Director,      Accounts,
                          Administration          and     Self-employment,    District
                          Rural Development Authority, East Champaran to
                          the Deputy Development Commissioner, East
                          Champaran;
                                      (vi) Any other order/ orders/ direction,
                          which your Lordships may deem fit and proper.
                      3. Learned counsel for the State raised preliminary

          objection and submits that, after the order was passed by the

          original authority, the petitioner has directly moved before this
         Patna High Court CWJC No.4378 of 2026(2) dt.26-03-2026
                                                     3/3




                   Court.

                               4. It transpires to this Court that under the Bihar

                   Government Servants (Classification, Control & Appeal) Rules,

                   2005, (hereinafter referred to as “Bihar CCA Rules, 2005”) this

                   order has been passed and under Rule 24 of the Bihar CCA

                   Rules, 2005 there is provision of appeal challenging the order.

                               5. Rule 24(2) of the Bihar CCA Rules, 2005

                   categorically states as follows:-

                                               “There shall be no appeal against the
                                   orders of the Government, however, review
                                   petitions may be filed in the form of Memorials.”
                               6. It transpires to this Court that, even if the appeal,

                   according to the petitioner, is not maintainable, then a review is

                   maintainable, and hence, the present writ petition stands

                   disposed of, granting liberty to the petitioner to avail the remedy

                   under Rule 24(2) of the Bihar CCA Rules, 2005 and thereafter

                   approach this Court.

                               7. It is made clear that delay, if any, in availing the

                   remedy under Rule 24(2) of the Bihar CCA Rules, 2005 is

                   hereby directed to be condoned.


                                                                  (Dr. Anshuman, J.)
Aman Kumar/-
U


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