Patna High Court
Dr. Ajay Kumar @ Ajay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The writ petition is disposed of, granting the petitioner liberty to file an appeal within one month and directing the appeal be decided within six months with a reasoned order.
Summary
The petitioner, a teacher, challenged an office order (Memo No.1172 dated 13‑06‑2019) that imposed suspension, reduced his pay and affected his pension, and also sought restoration of a promotion order dated 01‑01‑1996. He filed a writ petition seeking certiorari to quash the suspension order, mandamus to enforce the promotion and consequential benefits with interest. The respondents did not oppose the petitioner's request for liberty to appeal the order under Rule‑23 and Rule‑24 of the Bihar Government Servants (Classification, Control, and Appeal) Rules, 2005. After hearing counsel, the court observed that the reliefs were limited and disposed of the writ, granting the petitioner permission to file an appeal before the Additional Chief Secretary within one month and directing that the appeal be decided within six months with a reasoned order. No substantive decision on the merits of the petition was rendered.
Issues considered
- Whether the office order (Memo No.1172) imposing suspension and pay reduction can be quashed by a writ of certiorari.
- Whether the petitioner is entitled to restoration of the promotion order and consequent benefits, warranting a writ of mandamus.
- Whether the court can direct time‑bound disposal of an appeal filed under Rule‑23 and Rule‑24 of the Bihar Government Servants Rules, 2005.
Subjects
- writ of certiorari
- writ of mandamus
- promotion
- suspension
- pension
- Bihar Education Department
- appeal
- Rule 23
- Rule 24
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5350 of 2026
======================================================
Dr. Ajay Kumar @ Ajay Kumar Singh Son of Late Ram Chandra Singh,
Resident of Village-Andari, Post-Jaitiya, P.S.-Gaurichak, District-Patna, at
present Resident of Pavitra Path, Maurya Vihar Colony, Transport Nagar,
Kumhrar, P.S.-Agam Kuan, District-Patna, Pin-800026.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Director, Secondary Education, Education Department, Government of
Bihar, Patna.
3. The Deputy Director, Secondary Education, Education Department,
Government of Bihar, Patna.
4. The Assistant Director, Secondary Education, Education Department,
Government of Bihar, Patna.
5. The Regional Deputy Director, Patna Division, Patna.
6. The District Education Officer, Nalanda at Biharsharif.
7. The Head Master, High School Bakaur Islampur, District-Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Navin Prasad Singh, Adv.
Mr. Narayan Singh, Adv.
For the Respondent/s : Mr. Additional Advocate General (5)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 18-04-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents-State.
2. With the consent of the parties the present writ
application is disposed of at this stage.
3. In the present writ application the petitioner has
prayed for the grant of following reliefs:
“(i) For issuance of writ in the
nature of certiorari for quashing the office
order of Director, Secondary Education,
Education Department, Government of
Patna High Court CWJC No.5350 of 2026(2) dt.18-04-2026
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Bihar, Patna contained in Memo no.1172
dated 13.06.2019 whereby and whereunder
through the depart-mental proceeding
petitioner has been awarded punishment that
for the period of suspension he would not be
entitled for any additional amount except the
subsistence allowance but the period of
suspension would be counted for the purpose
of pension and further the petitioner would
be entitled for the lowest pay-scale (Basic
Grade) of Assistant Teacher.
(ii) For issuance of mandamus
commanding the respondents to restore the
office order or Regional Deputy Director,
Education, Patna Division vide Letter
No.1241 dated 09.10.2004 whereby the
petitioner was given promotion in senior
scale 6500-200-10,500 w.e.f. 01.01.1996 but
the financial benefit arising out of the said
promotion would be given from 01.04.1997
or any date after completing 12 years
uninterrupted service.
(iii) For direction to the
respondents to give all consequential
benefits with statutory interest to the
petitioner.
(iv) For any other relief or reliefs,
the petitioner is entitled for in the facts and
circumstances of the present case.”
4. After advancing some argument, learned counsel
for the petitioner submits that he is prepared to file an appeal
before the Additional Chief Secretary, Education Department,
Government of Bihar, Patna in terms of Rule-23 & 24 of Bihar
Government Servants (Classification, Control, and Appeal)
Rules, 2005 challenging the order contained in Memo No.1172
Patna High Court CWJC No.5350 of 2026(2) dt.18-04-2026
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dated 13.06.2019 by which the petitioner has been awarded
punishment. He further submits that if such an appeal is filed by
the petitioner, the same may be directed to be disposed of within
a fixed time frame after giving an opportunity of hearing to the
petitioner.
5. To the aforesaid submission made by learned
counsel for the petitioner, learned counsel appearing for
respondents-State does not have any objection. He, however,
submits that the appeal which would be filed by the petitioner
may be directed to be decided on the basis of its own merit.
6. Considering the limited nature of prayer made by
learned counsel for the petitioner, this writ application is
disposed of granting liberty to the petitioner to file an appeal
before the Additional Chief Secretary, Education Department,
Government of Bihar, Patna within one month from the date of
passing of this order. If such an appeal is filed, the same shall be
disposed of within a period of six months from the date of
receipt of the appeal, after giving an opportunity of hearing to
the petitioner. Needless to emphasize that the final order which
shall be passed by the Additional Chief Secretary, Education
Department, Government of Bihar, Patna should be a reasoned
and speaking order.
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7. With the aforesaid observation and direction and
liberty granted, the present writ application stands disposed of.
Pending I.As, if any will be deemed to have been disposed of.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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