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Patna High Court

Amit Kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

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The writ petition is dismissed as infructuous because the suspension order has been revoked.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 The petitioner then informed the court that the suspension order had already been revoked, although he could not produce the revocation order.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  • Whether the writ petition challenging the suspension order is maintainable when the suspension has been revoked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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