Patna High Court
Md. IbranversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The court held that the writ petition must be dismissed and the petitioner directed to avail the appeal provided under the Bihar Home Guards Rules, 1953.
Summary
Md. Ibran, a Home Guard Force member, filed a writ petition seeking a certiorari to quash his dismissal order dated 17‑12‑2022 and a mandamus for reinstatement, alleging procedural irregularities. The respondents contended that the petitioner had an alternative statutory remedy under Rule 16(2) of the Bihar Home Guards Rules, 1953 to appeal the dismissal. The court examined whether a writ could be issued when a specific internal remedy was available. It held that the existence of the statutory appeal barred the writ jurisdiction. Consequently, the petition was dismissed, and the petitioner was directed to pursue the remedy provided under the Bihar Home Guards Rules, 1953.
Issues considered
- What is the appropriate remedy for a Home Guard dismissed under memo No. 2079 – a writ of certiorari/mandamus or an appeal under Rule 16(2) of the Bihar Home Guards Rules, 1953?
Subjects
- certiorari
- mandamus
- service dismissal
- home guard
- alternative statutory remedy
- administrative law
- Bihar Home Guards Rules, 1953
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4597 of 2026
======================================================
Md. Ibran Son of Md. Rahim, Resident of village- Khajasarai, P.S.-
Laheriasarai, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary Home Department, Bihar,
Patna.
2. The Principal Secretary Home Department, Bihar, Patna.
3. The Jail Superintendent, Shahid Khudiram Bose, Central Jail Muzaffarpur.
4. The Superintendent Divisional Jail, Darbhanga.
5. The District Magistrate, Darbhanga.
6. The Senior District Commander, Bihar Home Guard, District- Darbhanga.
7. The Senior Superintendent of Police, District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate
For the Respondent/s : Government Advocate (02)
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 31-03-2026 Heard learned counsel for the parties.
2. The petitioner has filed the instant application for
the following relief (s) :-
“1. (i) For issuance of writ of
certiorari for quashing of memo No. 2079
dated 17.12.2022 Order No. 111/2022 issued
by Senior District Commander, Bihar Home
Guard Vahini, Darbhanga by which petitioner
has been dismissed from service as Home
Guard Force 309132, deputed in Division Jail
Darbhanga District Darbhanga.
(ii) For issuance of writ of
Patna High Court CWJC No.4597 of 2026(2) dt.31-03-2026
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mandamus commanding the respondent
authority to reinstate to the petitioner on the
post of Home Guard Force 309132,
Darbhanga Jail Division, District Darbhanga
in the light of memo No. 6659 dated
10.09.2024 issued by Commander, Bihar
Home Guard Vahini, Patna by which directed
to the Senior District Commander, Bihar Home
Guard Vahini, Darbhanga, regarding
allegation of petitioner.
(iii) For issuance of such other writs
or orders or directions which may deem fit and
proper for consideration of the fact and
circumstances of this case.”
3. At the outset, learned counsel for the respondents
submits that the petitioner has an alternate and efficacious
remedy by filing an appeal against the order of punishment as
per the provisions contained in Rule 16 (2) of the Bihar Home
Guards Rules, 1953.
4. Having heard learned counsel for the parties and
having perused the contents of the petition, the writ application
is disposed of directing the petitioner to pursue the remedy
available to him in law as provided under the Bihar Home
Guards Rules, 1953.
5. On an application/appeal having been preferred by
Patna High Court CWJC No.4597 of 2026(2) dt.31-03-2026
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the petitioner, the same shall be considered by the authority
concerned in accordance with law.
6. The writ application stands disposed of.
(Partha Sarthy, J)
Shiv/-
U
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