Patna High Court
Kumar Shambhu Singh @ Kumar Shambhu Sharan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The order of suspension is appealable under Rule 23 of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005, and the petitioner must pursue that remedy; the writ petition is disposed.
Summary
Petitioner Kumar Shambhu Singh challenged his suspension from service, effected by Memo No. 2147 (2021) and earlier Memo No. 1433 (2020), seeking a writ of certiorari to quash the suspension, mandamus to restore his posting and benefits, and an expedited departmental inquiry. The State argued that the suspension order is appealable under Rule 23 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005, making the writ petition premature. The Court examined the relevant rule and held that an appeal before the designated Appellate Authority is the proper remedy. Consequently, the Court directed the petitioner to file the appeal within 30 days, condoned any delay, and ordered the Appellate Authority to decide the appeal within 60 days, taking into account the pertinent government circular. The writ petition was therefore disposed of.
Issues considered
- Whether a writ petition challenging a civil servant's suspension is maintainable when an appeal under Rule 23 of the Bihar CCA Rules, 2005 is available.
- Whether the petitioner must first avail the statutory appeal remedy before approaching the High Court.
Legislation cited
- Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 — s. Rule 10, Rule 23
Subjects
- suspension
- civil service
- writ of certiorari
- mandamus
- appellate remedy
- Bihar CCA Rules
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4420 of 2026
======================================================
Kumar Shambhu Singh @ Kumar Shambhu Sharan Singh Son of Late
Baidnath Singh, Resident of Village- Mathiya dih, P.S.- Chhatauni District-
East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principle Secretary Health Department,
Bihar, Patna.
2. The Director in Chief, Health Department, Bihar, Patna.
3. The Civil Surgeon Cum Chief Medical Officer, Betiah West Champaran.
4. The Additional Superintendent Cum Assistant Additional Chief Medical
Officer, Motihari, East Champaran.
5. In-charge Medical Officer, Primary Health Centre Narkatiaganj, West
Champaran.
6. The Vigilance Department, North Bihar, Through the Additional Director
General, Vigilance Department, Patna..
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate
For the State : Mrs. Archana Meenakshee (GP-6)
Mr. Rana Veer Prawar (AC to GP-6)
======================================================
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 the
following relief/s:-
“I. For issuance of a writ in the nature of
Certiorari quashing the Memo No.- 2147
dated 20-10-2021 issued under the signature
of Civil Surgeon Cum Chief medical Officer,
West Champaran Betiah as Contained in
Annexure-P/7 to the writ petition whereby and
Patna High Court CWJC No.4420 of 2026(2) dt.26-03-2026
2/4
where under the Petitioner has been suspended
from his service under the Bihar Government
Servants (Classification, Control and Appeal)
Rule 2005 with the immediate effect and the
petitioner's headquarter was fixed at Primary
Health Centre Chanpatia during the
suspension period and the Petitioner is entitled
to get only sustains allowance under the Rule-
10 of the Bihar Government Servants
(Classification, Control and Appeal) Rule
2005.
II. For issuance of a writ in the nature of
Mandamus commanding and directing the
Respondents to restore the possession of the
Petitioner as on before issuance of the Memo
No. 1433 dated 15-10-2020 and allow the
Petitioner to discharge his duty and also grant
all benefits including the salary etc. admissible
in the eye of law under the fact and
circumstances of the presnt case as the
Petitioner was paying his salary and other
allowance and benefit prior to issuance of
Memo No- 1433 dated 15-10-2020 as
contained in Anexure-P/2 to this writ Petition.
III. For issuance of a writ in the nature of
Mandamus Commanding and directing the
Respondents to expedite the Departmental
proceeding and conclude the same expediously
as possible as earliest because the Petitioner is
going to be retired from his service on 30-11-
Patna High Court CWJC No.4420 of 2026(2) dt.26-03-2026
3/4
2026.
IV. To grant any other relief or reliefs for
which the Petitioner is entitled from the facts
and circumstances of the case.”
3. Learned counsel for the State raised a preliminary
objection and submits that the order of suspension 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 (hereinafter
referred to as ‘Bihar CCA Rules, 2005’).
4. Learned counsel for the petitioner submits that the
circular of the Bihar Government namely, “ बबहार सरकार, काबररक
एवं Á”kklfud lqèkkj बव॰ i= सं ० 2/कयू (बव०स०)-4010/2006 dkñ
2178, बदनांक 28.2.07 की Áfrfyfi Ás‘kd ”kxyq रजक, सरकार के
la;qDr सबचव से वा रे ] सभी बवभाग/सभी बवभागाधयक/सभी
Áe.Myh; आयु कत/बवभागीय जांच आयु कत/सभी बजलाबधकारी” has
been issued which clearly states that the proceeding should be
concluded within one year. But the proceeding has not been
concluded.
5. Upon perusal of the Rule 23 of the Bihar CCA
Rules, 2005, it transpires that the appeal is maintainable against
the order of suspension.
6. As such, the petitioner is hereby directed to avail
Patna High Court CWJC No.4420 of 2026(2) dt.26-03-2026
4/4
the remedy of appeal by filing the application 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. The delay, if any, in filing
the appeal is hereby directed to be condoned. It is made clear
that at the time of passing of the order, the Appellate Authority
shall also take into consideration the above mentioned circular
of the Bihar Government .
7. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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