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Patna High Court

Arun Kumar ChoubeyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered the respondent to decide the petitioner’s pending representation within 90 days and disposed of the writ petition without granting substantive relief.

Summary

The petitioner, a police employee, filed a writ petition seeking reinstatement to his post after being dismissed by an order dated 18‑11‑2014, invoking earlier judgments of this Court that granted similar relief to other officers. He also asked for the quashing of the dismissal order on the ground that it was based on a prior memo already set aside by the Court, and for a time‑bound disposal of his representation filed on 13‑12‑2025. The State argued that the Court could at most direct a timely disposal of the representation. The Court, without examining the merits, directed the Commandant of the BSAP Battalion‑09 to decide on the representation within 90 days and disposed of the writ petition. Consequently, the petition was closed pending the administrative decision, and no substantive order on reinstatement or quashing was made.

Issues considered

  • What relief, if any, can be granted to a dismissed police officer under Articles 14 and 16 of the Constitution?
  • Whether an administrative order founded on a previously quashed memo is itself void and subject to quashing?
  • Whether the Court can direct a time‑bound disposal of a pending representation without adjudicating the substantive grievance?

Subjects

  • writ petition
  • mandamus
  • certiorari
  • reinstatement
  • administrative law
  • Articles 14, 16
  • police service
  • representation disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Civil Writ Jurisdiction Case No.5285 of 2026
                 ======================================================
                 Arun Kumar Choubey Son of- Harish Chandra Choubey, Resident of
                 Gaushala, Katihar, P.S.- Katihar, Dist.- Katihar, Pin Code-854105.

                                                                                ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through Secretary, Department of Home Affairs, Patna,
                 Bihar.
           2.    The Director General of Police, Patna, Bihar.
           3.    The Commandant, Bihar Special Armed Police (BSAP) Battalion-09,
                 Jamalpur, Munger, Bihar,

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Rajesh Kr. Singh, Sr. Advocate
                                                Mr.Akrity Aishwarya, Advocate
                 For the State          :       Mr. Sita Ram Yadav, GP-16
                                                Mr. Rakesh Kr. Shrivastava, AC to GP-16
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                    ORAL ORDER

2   09-04-2026                   Learned counsel appearing for the petitioner and

                   learned counsel appearing for the State are present.

                                 2. The present writ petition has been filed for the

                   following relief/s :-

                                                   “(i) Issue an appropriate writ, order
                                        or direction, preferably in the nature of
                                        Mandamus, commanding the Respondents
                                        particularly the Commandant, Bihar Special
                                        Armed Police (BSAP) Battalion-09, Jamalpur,
                                        Bihar, to reinstate the petitioner to the post
                                        from which he was dismissed vide Memo No.
Patna High Court CWJC No.5285 of 2026(2) dt.09-04-2026
                                            2/4




                               1152/2014          dated    18.11.2014,       with     all
                               consequential        benefits,   in   light     of     the
                               judgement rendered by this Hon’ble Court in
                               CWJC No. 4363 of 2020 Arun Kumar Choubey
                               Vs. The State of Bihar and Ors.
                                            (ii) Issue an appropriate writ, order
                               or direction, preferebly in the nature of
                               Mandamus, directing the respondents to extend
                               the same relief and benefits to the petitioner as
                               have been granted by this Hon’ble Court to
                               other similarly situated persons in Neeraj
                               Kumar v the State of Bihar in CWJC No.
                               15564 of 2012 and in Prince Kumar v State of
                               Bihar in CWJC NO. 1560 of 2012, and
                               consequently reinstate the petitioner on the
                               same post with all consequential benefits, in
                               the interest of justice and in compliance with
                               the mandate of Articles 14 and 16 of the
                               Constitution of India, so as to prevent
                               arbitrariness and hostile discrimination.
                                            (iii) Issue an appropriate writ, order
                               or direction, preferably in the nature of
                               Certiorari, for quashing the impugned order
                               bearing       Memo         No.   1152/2014           dated
                               18.11.2014, as being arbitrary, illegal, non est
                               in the eyes of law and violative of Articles 14
                               and 16 of the Constitution of India, in as much
                               as the same is founded upon Memo No. 118
                               dated 10.03.2021, which already stands
                               quashed and set aside by this Hon’ble Court,
Patna High Court CWJC No.5285 of 2026(2) dt.09-04-2026
                                            3/4




                               and thus the very substratum and foundation of
                               the impugned order has ceased to exist,
                               rendering the impugned action unsustainable
                               in law;
                                            (iv) Issue an appropriate writ, order
                               or     direction      directing      the     respondent
                               authorities to consider and dispose of the
                               representation preferred by the petitioner in a
                               time -bound manner, in accordance with law,
                               and to grant the petitioner the relief of
                               reinstatement;
                                            (v) Declare that once the foundation
                               of an administrative or quasi-judicial order is
                               set aside, any consequential action based
                               thereupon automatically falls, in terms of the
                               settled     principle     of   law    that     “sublato
                               fundamento cadit opus.”
                      3. Learned counsel appearing for the petitioner

          submits that the petitioner has filed representation dated

          13.12.2025, as contained in Annexure P/5 to the writ petition for

          redressal of his grievance, but no decision has been taken on his

          representation till date. Therefore, he moved before this Hon’ble

          Court.

                      4. Learned counsel for the State submits that a

          direction may be issued for disposal of the petitioner’s

          representation within a specified period.

                      5. In the aforesaid background, this Court without
            Patna High Court CWJC No.5285 of 2026(2) dt.09-04-2026
                                                        4/4




                      entering into the merit or demerit of the case directs respondent

                      no.3, namely, the Commandant, Bihar Special Armed Police

                      (BSAP) Battalion-09, Jamalpur, Munger, Bihar to take a

                      decision on the representation dated 13.12.2025, as contained in

                      Annexure P/5 to the writ petition within a period of 90 days

                      from the date of receipt/production of a copy of this order.

                                  6. With the aforesaid observation and direction, the

                      writ petition stands disposed off.



                                                 (Dr. Anshuman, J)
Ashwini/-

U


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