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Patna High Court

Kamlesh PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

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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