Patna High Court

Md. Maksud AnsariversusThe State of Bihar

Decided: 19 January 2026
Disposal: DISMISSED
Bench: ALOK KUMAR SINHA

Holding

The writ application is not maintainable at this stage and is dismissed.

Summary

Md. Maksud Ansari, a government employee, received a show‑cause notice (letter no. 4449 dated 15‑12‑2025) from the District Programme Officer, Nawada, directing him to explain within two days why he should not be terminated. He filed a writ petition under the High Court’s civil writ jurisdiction seeking quashing of the notice and restraining any further action. The Court observed that no final adverse order had been passed and that the petition was premature, rendering it non‑maintainable. The petition was therefore dismissed. The Court, however, directed the District Programme Officer to take a final decision on the matter within three months of the order.

Issues considered

Whether a writ petition is maintainable when only a show‑cause notice, and not a final termination order, has been issued.
Whether the High Court can quash a show‑cause notice pending consideration by the administrative authority.

Subjects

writ jurisdiction
show cause notice
premature petition
service termination
administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.585 of 2026
                 ======================================================
                 Md. Maksud Ansari Son of Md. Makbul Ansari, Resident of Village-
                 Sarwahanpur, Police Station-Govindpur in the district of Nawada.

                                                                    ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Department of
                 Education, Government of Bihar, Patna.
           2.    The Principal Secretary, Department of Education, Government of Bihar,
                 Patna.
           3.    The Joint Director, Department of Education, Government of Bihar, Patna.
           4.    The Director, Primary Education, Government of Bihar, Patna.
           5.    The District Education Officer, Nawada, Bihar.
           6.    The District Program Officer (Estb.), Nawada, Bihar.
           7.    The Block Education Officer, Sirdala in the district of Nawada.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Sunil Kumar, Adv
                 For the Respondent/s   :      Mr. Prashant Pratap, Government Pleader (02)
                                               Mr. Asit Kumar Jha, AC to GP-2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   19-01-2026                   Heard learned counsel for the petitioner and learned

                   cousnel appearing for the respondent-State.

                               2. In the present writ application, the petitioner has

                   prayed for quashing/setting aside the letter no. 4449 dated

                   15.12.2025 issued by respondent no. 6 by which show cause

                   notice has been given to the petitioner directing him to submit

                   explanation within a period of two days as to why the petitioner

                   should not be terminated from service. Further, prayer has been

                   made for restraining the respondents from taking any further
          Patna High Court CWJC No.585 of 2026(2) dt.19-01-2026
                                                      2/2




                    action against the petitioner.

                                3. Manifestly, this writ application has been filed

                    prematurely for the reason that till date, no adverse order has

                    been passed against the petitioner. The writ application is,

                    therefore, not maintainable at this stage.

                                4. Learned counsel for the petitioner submits that in

                    light of the show cause notice dated 15.12.2025, the petitioner

                    has filed his reply/explanation which is pending consideration

                    before the respondent no. 6 i.e. the District Programme Offficer,

                    (Establishment), Nawada, Bihar. He further submits that some

                    direction may be given to the District Programme Offficer,

                    (Establishment), Nawada, Bihar to take final decision in the

                    matter as soon as possible.

                                5. For the reasons indicated above, this writ

                    application is held to be not maintainable at this stage and it is

                    accordingly dismissed. However, it is expected that the District

                    Programme Offficer, (Establishment), Nawada, Bihar will take a

                    final decision in the matter preferably within a period of three

                    months from the date of passing of this order.



                                            (Alok Kumar Sinha, J)
kiran/-
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