Patna High Court
Birendra Singh @ Birendra Prasad SinghversusThe Union of India
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The application is disposed of as withdrawn, without any determination on the merits.
Summary
Birendra Singh filed a writ petition seeking a mandamus directing the Post Office officials to restore his appointment, alleging that the denial was arbitrary and violated Articles 14 and 16 of the Constitution as well as principles of natural justice. He also requested suspension of his sentence pending a criminal appeal and entitlement to all facilities and benefits. The petitioner’s counsel later identified a defect in the stamp report and sought permission to withdraw the application. The Court, without examining the merits, allowed the withdrawal and disposed of the petition. Consequently, no substantive order on the merits was issued.
Issues considered
- Whether the denial of the petitioner’s appointment is arbitrary and violative of Article 14 of the Constitution
- Whether the denial infringes the equality of opportunity provision under Article 16
- Whether the denial breaches principles of natural justice by not providing a copy of the termination order or an opportunity to be heard
- Whether a writ of mandamus can be issued to restore the petitioner’s appointment pending the outcome of a criminal appeal
Legislation cited
- Constitution of India — s. Article 14, Article 16
Subjects
- appointment
- service restoration
- writ of mandamus
- Article 14
- Article 16
- natural justice
- withdrawal of petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5364 of 2026
======================================================
Birendra Singh @ Birendra Prasad Singh Son of Brahamdev Singh, Resident
of Village - Dhaunsa, Lodipur, Police Station - Sheikhpura, District -
Sheikhpura.
... ... Petitioner/s
Versus
1. The Union of India through the Post Master General, Bihar, Patna.
2. The Sub Post Master, Sheikhpura, MDG (Mukhya Dak Ghar).
3. The Branch Post Master Dew Branch Officer, in a/c with SPM Sheikhpura,
MDG (Mukhya Dak Ghar).
4. The ASPO, Sheikhpura, Assistant Superintendent of Post Office.
5. The Vigilance Field Division Officer, Department of Post, Munger.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Respondent/s : Mr. Brajesh Kumar Pandey, CGC
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 09-04-2026 1. The petitioner has filed the instant application for
the following reliefs:
“1. (i) For issuance of writ
in the nature of mandamus
commanding the respondents to
restore the appointment of the
petitioner in service as the petitioner
has been granted bail and suspend the
sentence during pendency of Criminal
Appeal (DB) No. 19 of 2018 on
Patna High Court CWJC No.5364 of 2026(2) dt.09-04-2026
2/3
14.07.2022 by Hon'ble Mr. Justice
Ahsanuddin Amanullah and Hon'ble
Mr. Justice Purnendu Singh arising
out of Sessions Trial No. 606 of 2013.
(ii) To declare the denial of
appointment of the petitioner as
Arbitrary and violative of Article 14
and 16 of the Constitution of India.
(iii) Further directing the
respondents to provide all the
facilities and consequential benefits
regarding which the petitioner is
entitled.
(iv) For declaring the denial
of appointment as arbitrary as the
said denial is in violation of principle
of natural justice, without supplying
the copy termination order and
without giving an opportunity to the
petitioner to defend himself.
(v) For any other relief /
reliefs to which the petitioner is found
entitled in the facts and circumstances
of the case.”
2. In view of the defect pointed out in the stamp
report, learned counsel for the petitioner seeks permission to
withdraw this application to pursue the remedy available to the
petitioner in accordance with law.
Patna High Court CWJC No.5364 of 2026(2) dt.09-04-2026
3/3
3. Without entering into the merits of the case of the
parties, the application is disposed of as withdrawn.
(Partha Sarthy, J)
sauravkrsinha/-
U
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