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Patna High Court

Raj Kumar SahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court set aside the order dismissing the appeal on limitation grounds and directed the authority to decide the appeal on merits, condoning the delay.

Summary

The petitioner, a Deputy Superintendent of Police, challenged a departmental punishment order dated 6 May 2022 and the subsequent dismissal of his appeal on the ground of limitation. He argued that the charge memo and enquiry were flawed and that his appeal, filed 45 days late, should be condoned. The High Court examined whether the rejection of the appeal under Rule 25 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005, was proper. To avoid pre‑empting the merits, the Court set aside the order dated 6 March 2024 that dismissed the appeal solely on limitation grounds. It directed the Additional Chief Secretary, Home Police, to consider the appeal on its merits within 90 days and to condone any delay. Consequently, the writ petition was allowed with limited observation.

Issues considered

  • Whether the dismissal of the petitioner's appeal on the ground of limitation under Rule 25 is legally valid.
  • Whether the High Court can set aside the limitation order without deciding the merits of the disciplinary case.
  • Whether the delay in filing the appeal can be condoned and the appeal decided on merits.

Subjects

  • departmental punishment
  • service law
  • limitation
  • Rule 25
  • Bihar Government Servants Rules
  • appeal
  • condonation of delay
  • writ petition
  • administrative law

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5495 of 2024
     ======================================================
     Raj Kumar Sah son of Late Sri Bishwanath Sah, Resident of Village- Piyaur,
     P.S.- M.H. Nagar, District- Siwan, presently posted as Dy. S.P. BSAP-15,
     Bhim Nagar, Supaul, Bihar.
                                                                  ... ... Petitioner/s
                                        Versus
1.    The State of Bihar though the Chief Secretary, Govt. of Bihar, Patna.
2.   The Chief Secretary, Govt. of Bihar at Patna.
3.   The Additional Chief Secretary, Home Police, Patna.
4.   The Director General of Police, Bihar, Patna.
5.   The Additional Director General of Police, B.S.A.P., Bihar, Patna.
6.   The Inspector General (I.G.) of Police, Purnea.
7.   The Deputy Inspector General D.I.G.) of Police, Purnea.
8.   The Deputy Inspector General (D.I.G.) of Police, Munger Range at Munger.
9.   The Commandant, B.S.A.P.-15 Bagha, present Bhim Nagar, Supaul.
10. The Superintendent of Police, Purnea at Purnea.
11. The Deputy Superintendent of Police (Head Quarter), Purnea.
                                                           ... ... Respondent/s
    ======================================================
     Appearance :
     For the Petitioner/s   :        Mr. Dr. Uma Shankar Prasad, Sr. Advocate
                                     Mr. Dilip Kumar Roy, Advocate
                                     Mr. Lal Babukeshri, Advocate
     For the State          :        Mr. Government Pleader-13
                                     Mr. Ravi Kumar (AC to GP-13)
                                     Mr. Akshay Lal Prasad, (AC to GP-13)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

                            ORAL JUDGMENT
      Date : 12-02-2026

                       Heard learned Senior counsel Mr. Dr. Uma Shankar

      Prasad assisted by Mr. Dilip Kumar Roy, Advocate for the

      petitioner and learned counsel for the State.

                       2. The present writ petition has been filed with the

      following relief/s:-

                                      “I.    For     the     issuance      of    an
Patna High Court CWJC No.5495 of 2024 dt.12-02-2026
                                           2/4




                                          appropriate     Writ    to    quash     the
                                          resolution issued from the Home
                                          Department, Govt. of Bihar (Police
                                          Branch) vide Memo No.4479 dated
                                          6.5.2022 passing the punishment
                                          Order against the petitioner whereby
                                          the Order of Slander (Nindan) and
                                          two     increment      of     salary    for
                                          inaccumulative       effect    has     been
                                          stopped. (Contained in Annexure-8).
                                          II. For the issuance of an appropriate
                                          Order to quash the Order issued on
                                          6.3.2024      vide     Memo        No.2726
                                          whereby the appeal of the petitioner
                                          has been dismissed on the ground of
                                          limitation holding as time barred.
                                          (Contained in Annexure-9).
                                          III. For issuance of an appropriate
                                          Writ/Order/Direction          as       your
                                          Lordships may deem fit and proper
                                          for the ends of Justice.”


                         3. Learned Senior counsel for the petitioner submits

         that the petitioner joined service on the post of Dy. S.P. Home

         Police Department, Bagaha on 26.04.2005 and his service was

         regularized w.e.f. 01.07.2011. Senior counsel submits that the

         petitioner while posted as City Dy. S.P. at Gaya, served a notice

         dated 10.04.2019 vide Memo No. 1873 issued from the office of
Patna High Court CWJC No.5495 of 2024 dt.12-02-2026
                                           3/4




         Director General of Police, Bihar, Patna to the effect that while

         he was supervising K. Hat (Purnea) P.S. Case No. 333 of 2016,

         certain irregularities have been made and the explanation was

         demanded from the petitioner. Senior counsel submits that the

         petitioner submitted his explanation, but his explanation was not

         accepted and charge memo was served upon him vide Memo

         No. 5021 dated 22.07.2020. Senior counsel further submits that

         the charge memo further resulted into departmental enquiry in

         which the petitioner was found guilty. Senior counsel submits

         that after enquiry, the show cause was demanded and the

         petitioner has filed his reply, but, even then, the order of

         punishment has been imposed upon the petitioner vide Memo

         No. 4479 dated 06.05.2022 (Annexure-P/8). Senior counsel

         further submits that the petitioner thereafter, preferred a

         statutory appeal against the order of punishment dated

         06.05.2022, but his appeal was rejected on 06.03.2024

         contained in Memo No. 2726 (Annexure-P/9).

                         4. Upon perusal of Annexure-P/9, it transpires that

         the petitioner’s appeal/review has been rejected solely on the

         ground that it was filed with a delay of 45 days and barred under

         Rule 25 of the Bihar Government Servants (Classification,

         Control & Appeal) Rules, 2005.
             Patna High Court CWJC No.5495 of 2024 dt.12-02-2026
                                                        4/4




                                      5. Pleadings have been completed. However, this

                      Court restrains itself from passing any order on merit, due to the

                      reason that passing order on the merit shall debar the petitioner

                      to avail one forum. Hence, this Court without entering into the

                      merit or demerit of the case, set aside the Annexure-P/9 i.e.

                      order dated 06.03.2024 contained in Memo No. 2726, whereby

                      the petitioner’s appeal/review has not been entertained solely on

                      the ground of limitation.

                                      6. As such, the Additional Chief Secretary, Home

                      Police, Patna (Respondent no.3) is hereby directed to pass order

                      on merit on the petitioner’s memo of appeal/review within 90

                      days from the date of production of a copy of this order. The

                      delay if any is hereby directed to be condoned.

                                      7. Accordingly, this writ application stands allowed

                      with limited observation.



                                                                   (Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE                      NA
Uploading Date              17/02/2026
Transmission Date             NA


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