Patna High Court
Chandan KumarversusThe New India Assurance Company Limited
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petition was allowed to be withdrawn, and the petitioner was directed to seek relief through the company’s internal appellate authority.
Summary
The petitioner, Chandan Kumar, a former Administrative Officer of New India Assurance Company, filed a writ petition in the Patna High Court seeking certiorari to quash his termination order dated 06‑01‑2026 and mandamus for reinstatement, alleging arbitrariness, violation of natural justice and unlawful recovery of training costs and other amounts. The respondents contended that the termination order is appealable before the company’s General Manager and that the petitioner should exhaust that internal remedy. The court examined whether the High Court had jurisdiction to entertain the writ when an internal appellate remedy was available. It held that the petitioner may pursue the remedy before the company’s appellate authority and that the writ petition could be withdrawn. Accordingly, the court granted the petitioner’s request to withdraw the petition and disposed of the writ with liberty to approach the internal appellate forum.
Issues considered
- Whether the termination order dated 06‑01‑2026 is amenable to writ jurisdiction
- Whether the petitioner can withdraw the writ petition and pursue the internal appeal before the General Manager of New India Assurance Company
Subjects
- writ jurisdiction
- certiorari
- mandamus
- termination of service
- internal appeal
- natural justice
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4404 of 2026
======================================================
Chandan Kumar S/o Ram Sagar Paswan, R/o Village Bhagjoga, PS- Paliganj,
PO- Achhua, District- Patna, Bihar.
... ... Petitioner/s
Versus
1. The New India Assurance Company Limited A Government of India
Undertaking, Second Floor, 34/38, Bank Street, Fourth Mumbai- 400023,
Through its Managing Director.
2. Chairman-cum-Managing Director, New India Assurance Company Limited,
Government of India Undertaking, Second Floor, 34/38, Bank Street, Fourth
Mumbai- 400023.
3. Deputy General Manager, New India Assurance Company Limited, MRO-1,
Mumbai Head Office at New India Assurance Company Building, 87, MG
Road, Fourth Mumbai- 400001.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anmol Kumar, Advocate
For the Respondent/s : Mr. Raj Kumar Singh Vikram, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 26-03-2026 Heard learned counsel for the petitioner and learned
counsel for the New India Assurance Co. Ltd.
2. The present writ petition has been filed for the
following relief/s:-
“I. That the present writ application is being
filed in the nature of Certiorari for quashing
the office order dated 06.01.2026 issued by the
Deputy General Manager, MRO-I, The New
India Assurance Company Limited, whereby
the petitioner's appointment on the post of
Administrative Officer has been terminated,
further direction to deposit Rs. 25,000/-
Patna High Court CWJC No.4404 of 2026(2) dt.26-03-2026
2/3
towards partial cost of training and gross total
recoveries for the period of March 2024 to
September 2025, which amounts to Rs.
19,91,020.30/-.
II. That the present writ application is being
filed in the nature of Mandamus for a direction
to the respondent authority for reinstatement of
the petitioner on the post of Administrative
Officer, with all consequential benefits, on the
grounds that the said order is arbitrary,
unreasonable, and violative of principles of
natural justice.
III. That the present writ application is being
filed in the nature of Mandamus for a direction
to the respondent authority not to proceed with
the recovery of Rs. 25,000/- and Rs.
19,91,020.30/-, as directed in the impugned
order, pending disposal of the present
application.
IV. And pass any such other order/ orders as
this Hon'ble Court deem fit and proper.”
3. Learned counsel appearing for the New India
Assurance Co. Ltd. raised a preliminary objection and submits
that the order passed by the authority Deputy General Manager,
MRO-1 is appealable before the General Manager, New India
Assurance Co. Ltd. Counsel also submits that he has already
filed his appearance slip online and seeks permission to file a
Patna High Court CWJC No.4404 of 2026(2) dt.26-03-2026
3/3
hard copy of the same.
4. Permission is granted and the appearance slip is
accepted.
5. Learned counsel for the petitioner after some
argument seeks permission to withdraw this writ petition with
liberty to avail the remedy of appeal before the Appellate
Authority.
6. Permission is granted.
7. Accordingly, this writ petition stands disposed off
with the aforesaid liberty.
(Dr. Anshuman, J)
Divyansh/-
U
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