Patna High Court
Manohar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
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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