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Patna High Court

Manohar KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must first avail the alternative remedy of filing an appeal/revision before the Commissioner, and therefore the writ petition was not maintainable.

Summary

Manohar Kumar, a peon, filed a writ petition seeking a certiorari to quash a Collector's order that stopped three installments of his salary. The respondents contended that the petitioner had an alternate and efficacious remedy by filing an appeal before the Commissioner, Saran Division. The High Court examined the petition and, noting the availability of the alternative remedy, directed the petitioner to pursue the appeal or revision before the Commissioner within four weeks. The Court further directed that the Commissioner decide the matter within three months and consider any limitation issues in light of the petitioner's recourse to this Court. Consequently, the writ application was disposed of with directions to approach the appropriate administrative forum.

Issues considered

  • Whether a writ petition under Article 226 is maintainable when an alternative remedy of appeal exists before a higher administrative authority.
  • Whether the Collector's order imposing salary stoppage can be quashed by a writ of certiorari.
  • Whether limitation considerations affect the petitioner's right to approach the court.

Subjects

  • certiorari
  • writ petition
  • administrative order
  • salary stoppage
  • alternative remedy
  • limitation
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5629 of 2026
                 ======================================================
                 Manohar Kumar Son of Ghansham Singh, Resident of Village- Dahiyava,
                 Jagdamba Road, At and P.S.- Chapra, District- Saran, presently posted as
                 Peon, Tariya Block, Saran Chapra.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
           2.    The Collector, District- Saran, Chapra.
           3.    The Additional Collector (Est.), District- Saran, Chapra.
           4.    The Deputy Collector (Section Najarat), Saran, Chapra.
           5.    The Incharge of District General Administration, Saran Chapra.
           6.    The Sub-divisional Officer, Sonepur, District- Saran.
           7.    The Senior Treasury Officer, Saran Chapra.
           8.    The District Settlement Officer, District- Saran.
           9.    The Block Development Officer, Tariya, Saran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Raj Kumar Mishra, Advocate
                 For the Respondent/s   :       Mr. Additional Advocate General (7)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

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

                   counsel for the respondents.

                               2. The petitioner has filed the instant application for

                   the following reliefs:

                                                             “1. (A) For issuance of an
                                                 appropriate writ in the nature of
                                                 Ceriorari for quashing and set aside
                                                 the    order        contained    in    Memo
                                                 No.391/Ist dated 11.03.2025 passed by
                                                 the learned Collector, Saran Chapra
Patna High Court CWJC No.5629 of 2026(2) dt.15-04-2026
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                                          (respondent no.2) whereunder and
                                          whereby the petitioner was imposed
                                          punishment to stop three enstalment of
                                          his salary with commulative effect.
                                                         (B) Any other relief or
                                          reliefs to which the petitioner may be
                                          deemed entitled to be in the eye of
                                          law.”

                      3. At the outset, it is submitted by learned counsel for

          the respondents that the petitioner has an alternate and

          efficacious remedy of filing an appeal against the order

          impugned before the Commissioner, Saran Division, Chapra.

                      4. Having heard learned counsel for the parties and

          having perused the contents of the petition, the writ application

          is disposed of directing the petitioner to file an appeal/revision

          before the Commissioner, Saran Division, Chapra (not a party

          herein) within a period of four weeks.

                      5. On filing of the appeal/revision, the Commissioner,

          Saran Division, Chapra shall decide the same in accordance

          with law within a period of three months from the date of its

          filing.

                      6. On filing of the appeal/revision, the question of

          limitation shall be considered taking into consideration the

          petitioner pursuing his remedy before this Court.
           Patna High Court CWJC No.5629 of 2026(2) dt.15-04-2026
                                                       3/3




                                 7. The writ application stands disposed of with the

                     above observations and directions.



                                                (Partha Sarthy, J)
sauravkrsinha/-

U


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