Patna High Court
Amit Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The writ petition is dismissed as infructuous because the suspension order has been revoked.
Summary
The petitioner, Amit Kumar Singh, filed a writ of certiorari challenging an office order dated 27‑02‑2025 that directed his immediate suspension and the initiation of departmental proceedings. The petitioner sought to quash the suspension order and related memos. The State raised a preliminary objection, contending that an appeal against the suspension order was maintainable. The petitioner then informed the court that the suspension order had already been revoked, although he could not produce the revocation order. The court held that, in view of the revocation, the petition had become infructuous. Consequently, the writ petition was dismissed as infructuous.
Issues considered
- Whether the writ petition challenging the suspension order is maintainable when the suspension has been revoked
- Whether a preliminary objection regarding the maintainability of an appeal against the suspension order is relevant
Subjects
- writ of certiorari
- suspension order
- departmental proceedings
- preliminary objection
- infructuous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6441 of 2025
======================================================
Amit Kumar Singh S/o Chandrika Singh, R/o Mohalla Faizula, P.O. Lal Bagh,
P.S.- Laheriasarai, Dist. - Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Public Health
Engineering Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department, Govt. of
Bihar, Patna.
3. The Joint Secretary, Public Health Engineering Department, Govt. of Bihar,
Patna.
4. The Engineer-in-Chief-Cum Special Secretary, Public Health Engineering
Department, Bihar, Patna.
5. The Regional Chief Engineer, Public Health Engineering Department, Bihar,
Muzaffarpur Zone.
6. The Superintending Engineer, Darbhanga Circle, Darbhanga.
7. The Superintending Engineer, Muzaffarpur Circle, Muzaffarpur.
8. The Executive Engineer, Public Health Division, Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Siyaram Pandey, Advocate
For the State : Mr. Mahendra Prasad Verma, AC to SC-20
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 21-04-2026 Learned counsel appearing for the petitioner and
learned counsel appearing for the State are present.
2. The petitioner has filed the present writ petition for
the following relief/s :-
“Writ of Certiorari for setting
aside/quashing the office order no. 17 dated-
27.02.2025 as contained in memo. 671 dated-
27.02.2025 with memo no. 672 dated-
27.02.2025 (Correction Letter) issued by the
office of the Executive Engineer, Public Health
Division, Darbhanga and be pleased to quash
the letter no. 150 dated-25.02.2025 issued by
Patna High Court CWJC No.6441 of 2025(3) dt.21-04-2026
2/2
the Joint Secretary, Public Health Engineering
Dept., Govt. of Bihar, Patna by which the
Executive Engineer, Public Health Division,
Darbhanga was directed to suspend the
petitioner with immediate effect and constitute
the departmental proceeding against him as per
law.
ii. And/or be pleased to pass such
other order or orders which maybe deemed fit
and proper in the facts and circumstances of
the case.”
3. Learned counsel for the State has raised a
preliminary objection and submits that an appeal is
maintainable against the order of suspension.
4. In response, learned counsel for the petitioner
submits, on instructions, that the suspension order has already
been revoked, though he is not in a position to bring the said
order on record.
5. In view of the submission made on behalf of the
petitioner that the suspension order has been revoked, the
present case has rendered infructuous.
6. Accordingly, the writ petition is dismissed as
infructuous.
(Dr. Anshuman, J)
Ashwini/-
U
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