Patna High Court
Pradumna KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The petition is not maintainable until the petitioner first files an appeal before the appellate authority as mandated by Rule 23 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005.
Summary
Petitioner Pradumna Kumar, a government employee, filed a writ petition seeking to quash his suspension order (Memo No. 26) issued under Section 9(1) of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005, alleging that the suspension was mechanical and arbitrary. The State raised a preliminary objection that the matter is appealable under Rule 23 of the same Rules, making the writ petition premature. The Court observed that the petitioner had not filed the required representation before the appellate authority. Consequently, the Court directed the petitioner to file an appeal within 30 days and the appellate authority to decide the appeal, including the question of subsistence allowance, within 60 days. With these directions, the writ petition was disposed.
Issues considered
- Whether a writ petition challenging a suspension order is maintainable when the governing service rules provide an appeal mechanism under Rule 23.
- Whether the petitioner complied with the procedural requirement of filing a representation before the appellate authority.
Subjects
- suspension
- administrative law
- writ petition
- procedural compliance
- appellate authority
- subsistence allowance
- Bihar service rules
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4402 of 2026
======================================================
Pradumna Kumar S/o Bhuwaneshwar Nath, resident of Ward No.37, Shital
Tola, Near Sapna Cinema Dayal Lane, C/o Rudradeo N Sinha, P.S. Arrah,
District- Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Social Welfare
Department, Government of Bihar, Patna.
2. The Director, Integrated Child Development Scheme, Government of Bihar,
Patna.
3. The District Magistrate, Bhojpur at Arrah.
4. The District Programme Officer, Integrated Child Development Scheme,
Bhojpur at Arrah.
5. The Child Development Project Officer, Udwant Nagar Bhojpur, Arrah.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
Mr. Bhaskar Sandilya, Advocate
For the Respondent/s : Mr. Government Pleader (26)
======================================================
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. The present writ petition has been filed for issuance
of a proper writ or writs, order or orders, direction or directions
to the respondents for the following relief/s:-
“I. For quashing the Memo No. 26 (H.Q.)
dated 20/08/2025 issued under the signature of
Director, Integrated Child Development
Scheme, Government of Bihar, Patna (herein
after referred as ICDS) by which the petitioner
has been put under suspension U/s 9(1) of
Patna High Court CWJC No.4402 of 2026(2) dt.26-03-2026
2/3
Bihar Govt. Servant (Classification, Control
and Appeal) Rules, 2005 (hereinafter referred
as CCA Rules, 2005) in a most mechanical and
arbitrary manner.
II. For any other relief or reliefs which may
deem fit and proper in the facts and
circumstances of the case.”
3. Learned counsel for the State raised a preliminary
objection and submits that the suspension order has been
challenged by virtue of this writ petition, which is appealable
under Rule 23 of the Bihar Government Servants
(Classification, Control & Appeal) Rules, 2005.
4. In response thereof, learned counsel for the
petitioner submits that he has already filed representation to
kept the suspension order in abeyance.
5. It transpires to this Court that the representation has
not been filed before the Appellate Authority. As such, the
petitioner is hereby directed to file appeal before the Appellate
Authority within 30 days and the Appellate Authority upon
receiving the petitioner’s appeal, shall pass order on the said
appeal within 60 days thereafter. It is made clear that at the time
of passing of the order, the Appellate Authority shall take
decision on the payment of subsistence allowance also.
Patna High Court CWJC No.4402 of 2026(2) dt.26-03-2026
3/3
6. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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