Patna High Court

Shashank KumarversusThe State of Bihar

Decided: 30 March 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The petitioner must first avail the statutory appeal under the CCA Rules, 2005 before seeking writ relief.

Summary

The petitioner, Shashank Kumar, challenged his suspension from government service by filing a writ petition seeking a mandamus to revoke the suspension, alleging it violated departmental circulars. The State argued that the petitioner had not appealed the suspension order as required under the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005. The petitioner contended that his representation before a higher authority could be treated as an appeal. The Court examined whether the statutory remedy of filing an appeal under the CCA Rules must be exhausted before approaching the High Court for relief. It held that the petitioner must first file a proper appeal under the Rules and then await a reasoned order from the appellate authority. Accordingly, the Court granted liberty to file the appeal within 30 days and directed the appellate authority to decide within 90 days, disposing of the writ petition.

Issues considered

Whether a service employee can directly seek a writ of mandamus to set aside a suspension without first filing an appeal under the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005.

Subjects

suspension
service law
mandamus
administrative law
appeal
Bihar Government Servants Rules

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.4618 of 2026
     ======================================================
     Shashank Kumar Son of Suresh Prasad Vikrant, Resident of New Mica
     Colony, Industrial Training Institute, Digha Ghat, Police Station- Digha,
     District-Patna.
                                                               ... ... Petitioner/s
                                         Versus

1.   The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2.   The Additional Chief Secretary, General Administration Department,
     Government of Bihar, Patna.
3.   The Principal Secretary, Agriculture Department, Government of Bihar,
     Patna.
4.   The Special Secretary, Agriculture Department, Government of Bihar, Patna.
5.   The Additional Secretary, Agriculture Department, Government of Bihar,
     Patna.
6.   The Joint Secretary, Agriculture Department, Government of Bihar, Patna.
7.   The Deputy Secretary, Agriculture Department, Government of Bihar, Patna.
8.   The Under Secretary, Agriculture Department, Government of Bihar, Patna.
9.   The Assistant Director (Horticulture), Vaishali, Hajipur.
                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Pramod Mishra, Advocate
     For the Respondent/s   :       Mr. Additional Advocate General (12)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT
     Date : 30-03-2026

                        Heard learned Counsel for the petitioner and

      learned Counsel for the State.

                        2. Learned Counsel for the petitioner has filed the

      present writ petition for issuance of a writ preferably in the nature

      of mandamus commanding the respondents concerned to revoke

      the suspension of the petitioner as he has been suspended from a

      long period, which is illegal and in violation of circulars of

      respondents-State and for other necessary relief/reliefs on the basis
             Patna High Court CWJC No.4618 of 2026 dt.30-03-2026
                                                        2/2




                      of facts and circumstances of the case.

                                  3. Learned Counsel for the State, on the other hand,

                      raised preliminary objection and submits that the petitioner has not

                      challenged the suspension order which is Annexure-P/1.             He

                      further submits that against the order of suspension there is a

                      provision of appeal under the Bihar Government Servants

                      (Classification, Control & Appeal) Rules, 2005 (hereinafter

                      referred to as the ‘CCA Rules, 2005’).

                                  4. In response thereof, learned Counsel for the petitioner

                      submits that he has filed representation before the higher authority

                      vide Annexure- P/7. The said representation may be treated as

                      appeal.

                                         5. In the light of the submissions made, this writ

                      petition is disposed off granting liberty to the petitioner to file

                      appeal under CCA Rules, 2005 challenging the suspension raising

                      all the points which are available to the petitioner within 30 days

                      from today and the appellate authority shall pass a reasoned and

                      speaking order within 90 days thereafter.


                                                                    (Dr. Anshuman, J)
Mkr./-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          31.03.2026
Transmission Date

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