Patna High Court

Upendra Nath VermaversusThe State of Bihar

Decided: 30 March 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The court held that the petitioner must first avail the statutory remedy of appeal before seeking relief through a writ petition.

Summary

The petitioner, Upendra Nath Verma, filed a writ petition seeking to quash a departmental order dated 05‑02‑2016 (Memo No.1256) and a subsequent order dated 13‑08‑2019 (Memo No.7718) that imposed non‑est charges without considering his reply. He contended that the authority (Registrar, Co‑operative Societies) that initiated the proceeding was not competent under the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 and that the order was non‑jurisdictional. The petitioner had earlier obtained liberty from the court in CWJC No.14849 of 2025 to challenge any punitive order arising from the departmental inquiry. The State argued that the petitioner had bypassed the statutory requirement of preferring an appeal before approaching the court. The High Court held that the petitioner must first exhaust the remedy of appeal under the Rules before filing a writ petition, and it condoned any delay in filing the appeal. Consequently, the writ petition was disposed, directing the petitioner to file the appeal within 30 days.

Issues considered

Whether the Registrar, Co‑operative Societies, is a competent authority to initiate departmental proceedings under the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005.
Whether the order imposing non‑est charges is jurisdictionally valid.
Whether the petitioner is required to prefer an appeal before approaching the High Court under a writ petition.

Subjects

departmental proceedings
jurisdiction
non‑est charges
appeal requirement
writ petition
Bihar Government Servants Rules

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.4620 of 2026
     ======================================================
     Upendra Nath Verma Son of Late Moti Lal Singh, Resident of House No.
     F/16 Ashiyana Nagar Phase- 2, P.S.- Rajeev Nagar, District- Patna.

                                                                  ... ... Petitioner/s
                                         Versus

1.   The State of Bihar through Principal Secretary Co-operative Societies, Co-
     operative Department, New Secretariat, Patna.
2.   Secretary, Co-operative       Societies,   Co-operative   Department,      New
     Secretariat, Patna.
3.   Registrar, Co-operative Societies, New Secretariat, Patna.
4.   Public Relation Officer, Co-operative Societies, New Secretariat, Patna.
5.   District Magistrate, Jamui.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Pratap Sharma, Advocate
     For the Respondent/s   :       Mr. Subhash Pd. Singh, GA-3
                                    Mr. Dilip Kumar, AC to GA-3
     ======================================================
     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 submits that the

      present writ petition has been filed for issuance of an

      appropriate writ/writs, order/orders, direction/directions for

      quashing the order dated 05.02.2016 contained in Memo

      No.1256, whereby and whereunder the departmental proceeding

      has been concluded against the petitioner by keeping it as it is to

      the order dated 13.08.2019 as contained in Memo No.7718 on
Patna High Court CWJC No.4620 of 2026 dt.30-03-2026
                                           2/3




         the basis of nonest charges which has been passed by

         respondent No.3 without considering the reply of the petitioner

         as well as respondent No.3 is not competent authority to initiate

         the departmental proceeding against the petitioner which is

         violative of statutory provisions as contained in Bihar

         Government Servants (Classification, Control & Appeal) Rules,

         2005 (hereinafter referred to as the ‘CCA Rules, 2005’) and for

         any other necessary relief/reliefs on the basis of facts and

         circumstances of the case.

                     3. Learned Counsel for the petitioner fairly submits

         that petitioner has earlier moved before this Hon’ble Court in

         CWJC No. 14849 of 2025, which was disposed off granting

         liberty to the petitioner to challenge the order of punishment, if

         any, in case the findings of the departmental proceeding go

         against him. Learned Counsel for the petitioner submits that the

         departmental proceeding has decided against him but the order

         is non-jurisdictional.

                     4. Learned counsel for the State, on the other hand,

         submits that the petitioner has challenged this order directly

         before this Hon’ble Court without preferring the appeal.

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

         petition is disposed of directing the petitioner to avail the
             Patna High Court CWJC No.4620 of 2026 dt.30-03-2026
                                                        3/3




                      remedy of appeal first then come to this Hon’ble Court within

                      30 days from today. The delay, if any, in filing the appeal shall

                      be condoned.




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

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