Patna High Court
Vinay KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- ANSHUMAN
Holding
The writ petition is withdrawn, and the petitioner is permitted to pursue the appeal under the Rules with condonation of any delay.
Summary
The petitioner, Vinay Kumar, filed a writ petition in the Patna High Court challenging his suspension order dated 16‑03‑2026 issued under the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005. The State argued that the petition was premature because, under Rule 23 of the same Rules, the suspension order is appealable and the appropriate remedy is an appeal. The petitioner’s counsel sought permission to withdraw the writ and instead pursue the statutory appeal. The Court accepted the request, disposed of the writ petition as withdrawn, and granted liberty to the petitioner to file the appeal, directing that any delay in filing be condoned. No substantive merits of the suspension were examined as the petition was withdrawn.
Issues considered
- Whether the writ petition challenging the suspension order is premature under Rule 23 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005
Subjects
- suspension
- civil service rules
- writ petition
- premature filing
- condonation of delay
- appealability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5196 of 2026
======================================================
Vinay Kumar Son of Nagendra Prasad Singh, Resident of Flat no 205, Block
A, Shivam Heritage, Magistrate Colony Road, Rakkunpura, PO B.V. College,
PS Rajiv Nagar, District Patna, Bihar, Pin 800014.
... ... Petitioner/s
Versus
1. The State of Bihar represented through Chief Secretary, Government of
Bihar, Patna.
2. The Secretary, Dairy, Fisheries and Animal Resources Department.
3. The Special Secretary, Dairy, Fisheries and Animal Resources Department.
4. The Joint Secretary, Dairy, Fisheries and Animal Resources Department.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar, Advocate
Ms. Pragya Kiran, Advocate
For the Respondent/s : Mr. Government Pleader (11)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 07-04-2026 Heard learned Counsel for the petitioner and learned
Counsel for the State.
2. The petitioner has filed the present writ petition
challenging the order of suspension contained in Memo
No.113 dated 16.03.2026 of the petitioner under the Bihar
Government Servants (Classification, Control & Appeal) Rules,
2005.
3. Learned Counsel for the State raised preliminary
objection that writ petition is premature according to Rule 23 of
the CCA Rules, 2005, the order of suspension is appealable.
4. In this background, Counsel for the petitioner seeks
Patna High Court CWJC No.5196 of 2026(2) dt.07-04-2026
2/2
permission to withdraw the writ petition to avail the appropriate
remedy under the said rules.
5. In the light of the submissions made, this writ petition
is disposed off as withdrawn with the aforesaid liberty. The delay,
if any, in filing the appeal is hereby directed to be condoned.
(Dr. Anshuman, J)
Mkr./-
U
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