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Patna High Court

Birendra Singh @ Birendra Prasad SinghversusThe Union of India

Decided
Disposal
WITHDRAWN

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The application is disposed of as withdrawn, without any determination on the merits.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

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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