Created by Fuzzy Cloud

Patna High Court

Kumar ManishversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that Prapatra ‘K’ was validly issued under the Bihar Framing of Articles of Charge against Government Servants Regulations, 2017 and therefore dismissed the writ petition.

Summary

Kumar Manish, a government employee, filed a writ petition seeking the quashing of Prapatra ‘K’ and a departmental proceeding initiated under Memo No. 294 dated 12‑05‑2021, and also prayed for payment of all consequential salary benefits with interest. The State argued that even if Prapatra ‘K’ were defective it would benefit the petitioner and that the petition was filed merely to avoid the departmental proceeding. The Court examined whether Prapatra ‘K’ was issued in compliance with the applicable regulations. It found that the document had been issued in accordance with the Bihar Framing of Articles of Charge against Government Servants Regulations, 2017, and was therefore not defective. Consequently, the Court declined to interfere and dismissed the writ petition.

Issues considered

  • Whether Prapatra ‘K’ is defective and liable to be quashed
  • Whether the departmental proceeding under Memo No. 294 can be set aside
  • Whether the petitioner is entitled to consequential salary benefits including arrears and interest

Subjects

  • writ petition
  • quashing
  • departmental proceeding
  • government servant regulations
  • salary arrears
  • Prapatra K

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.5498 of 2026
                 ======================================================
                 Kumar Manish Son of Late Sita Ram Sharma, Resident of Dighi Kalan, Dighi
                 Kalan, Dighi Kala, Post- Manibhakurah, P.S.- Sarai, Vaishali, District-
                 Vaishali.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Chief Secretary, Government of Bihar at Patna.
           2.    The Additional Chief Secretary, Land Revenue Department, Government of
                 Bihar.
           3.    The Secretary, Land Revenue Department, Government of Bihar at Patna.
           4.    The District Magistrate, Vaishali.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Pranav Raj, Advocate
                 For the Respondent/s   :       Mr. Additional Advocate General (5)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   15-04-2026                 Heard learned counsel appearing for the petitioner and

                   learned counsel appearing for the respondent State.

                               2. Learned counsel for the petitioner submits that the

                   present writ petition has been filed for quashing Prapatra ‘K’

                   (as contained in Annexure P/3) as well as for quashing the

                   departmental proceeding initiated pursuant to Memo No. 294

                   dated 12.05.2021 (as contained in Annexure P/2). The petitioner

                   has further prayed for a direction to the respondent authorities to

                   grant all consequential benefits, including arrears of salary, after

                   taking into account all promotions, increments, and pay

                   revisions applicable to the petitioner, along with interest

                   thereon.
            Patna High Court CWJC No.5498 of 2026(2) dt.15-04-2026
                                                        2/2




                                  3. Learned counsel for the State submits that if

                      Prapatra ‘K’ is defective, the same would give benefit to the

                      petitioner. It is further submitted that the petitioner has

                      challenged Prapatra ‘K’ only with a view to avoid the

                      departmental proceeding.

                                  4. In view of the aforesaid circumstances, this Court is

                      not inclined to interfere with Prapatra ‘K’, as the same has been

                      issued in accordance with the provisions of the Bihar Framing

                      of Articles of Charge against Government Servants Regulations,

                      2017.

                                  5. Accordingly, the present writ petition stands

                      dismissed.


                                                 (Dr. Anshuman, J)
Ashwini/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.