Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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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