Patna High Court
Kamlesh PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petitioner must first avail the statutory remedy of appeal before seeking relief from the High Court.
Summary
Kamlesh Paswan, a government employee in Aurangabad district, was served a memo of charge and faced a departmental enquiry that culminated in a voluntary retirement order dated 22.08.2023. He filed a writ petition in the Patna High Court seeking the quash of the memo, the enquiry report, and the retirement order, alleging that his defence was not considered. The State raised a preliminary objection that the petitioner had not first pursued the statutory remedy of filing an appeal against the departmental orders. The Court examined the procedural requirement that aggrieved officials must exhaust the internal appeal mechanism before approaching the High Court. It directed the petitioner to file the appropriate appeal and, if filed within 30 days, any delay would be condoned. Consequently, the writ petition was disposed of without granting the reliefs sought.
Issues considered
- Whether a departmental employee can approach the High Court by way of a writ petition without first availing the statutory remedy of appeal against the departmental order.
Subjects
- departmental enquiry
- memo of charge
- voluntary retirement
- writ petition
- statutory remedy
- appeal
- preliminary objection
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5980 of 2026
======================================================
Kamlesh Paswan S/o Lakshandev Paswan, R/o Village Post- Manika, Manka,
District- Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through Collector, Aurangabad.
2. The Collector-cum-District Magistrate, Aurangabad.
3. The Superintendent of Police, Aurangabad, District- Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prem Kumar Paswan, Advocate
For the Respondent/s : Mr. Ramadhan Singh, GP-25
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 21-04-2026
Heard learned Counsel for the petitioner and learned
Counsel for the State.
2. Learned Counsel for the petitioner submits that
the present writ petition has been filed with the following
reliefs:
“I. For issuance of an
appropriate writ /order/direction to quash
the memo of charge issued by
Superintendent of Police, Aurangabad vide
District order No. 1776/2020, dated
02.10.2020 by which memo of charge was
served upon petitioner to face
departmental enquiry for the said charges.
Patna High Court CWJC No.5980 of 2026 dt.21-04-2026
2/3
II. For issuance of an
appropriate writ/order/direction to quash
the enquiry report submitted by enquiry
Officer in departmental proceeding against
petitioner in which it was reported that
charges are reflected.
III. For issuance of an
appropriate writ, order, direction to quash
the order bearing memo no. 2662 dated
22.08.2023 passed by District Magistrate
Aurangabad by which the petitioner has
been retired voluntarily for the charges, the
enquiry report was submitted saying that
charges for indiscipline, arbitrariness
against his duty are reflected without the
defence raised by petitioner in his show-
cause reply.
IV. For issuance of an
appropriate writ/order / direction granting
any other relief or reliefs for which the
petitioner is found entitle.”
3. After some arguments, learned counsel for the State
raised a preliminary objection and submitted that the petitioner
has not availed the statutory remedy of appeal.
4. In the light of the submissions made, this writ
petition is disposed off directing the petitioner to avail the
remedy of appeal first then come to this Hon’ble Court. The
Patna High Court CWJC No.5980 of 2026 dt.21-04-2026
3/3
delay, if any, in filing the appeal shall be condoned, if filed
within 30 days from today.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 23.04.2026
Transmission Date
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