Patna High Court
Uday Shankar PathakversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The court disposed of the writ application without adjudicating the merits, granting liberty to raise the reliefs in the connected writ.
Summary
The petitioner, Uday Shankar Pathak, filed a writ petition challenging a suspension memo (Memo No.22) and a departmental proceeding memo (Memo No.23) issued by health department officials, as well as an enquiry report dated 31.08.2016. He sought quashing of these orders and a mandamus directing payment of subsistence allowance under Rule 10 of the Bihar CCA Rules, 2005. The petitioner argued that despite a final punishment order passed in a related writ, some reliefs might still survive and should be addressed. The court, without delving into the merits, noted the pending related writ and allowed the petitioner liberty to raise the appropriate prayers therein. Consequently, the writ application was disposed of, with the court directing that any further reliefs be sought in the connected proceeding.
Issues considered
- Whether the suspension memo issued by the Joint Secretary, Health Department is valid and should be quashed.
- Whether the memo initiating departmental proceedings against the petitioner can be set aside.
- Whether the enquiry report dated 31.08.2016 should be quashed.
- Whether the petitioner is entitled to subsistence allowance under Rule 10 of the Bihar CCA Rules, 2005.
- Whether the writ application should be dismissed or disposed of pending a related writ.
Subjects
- suspension
- departmental inquiry
- certiorari
- mandamus
- subsistence allowance
- Bihar CCA Rules
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6746 of 2017
======================================================
Uday Shankar Pathak son of Late Hari Shankar Pathak, Resident of Village-
Pathkhauli, Police Station- Bagha, District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Health Department, Government of Bihar, Patna.
3. The Joint Secretary, Health Department, Government of Bihar, Patna.
4. The Under Secretary, Health Department, Government of Bihar, Patna.
5. The Director-in-Chief, Health Services, Health Department, Bihar, Patna.
6. The Civil Surgeon, Motihari, East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate
For the Respondent/s : Mr. Pankaj Kumar, AC to GA- 9
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 12-02-2026 Heard learned counsel for the parties.
2. The petitioner has filed the instant application for
the following reliefs:
“1. (i) A writ in the nature of
certiorari or any other appropriate
writ/order or direction for quashing
memo No.22 (9) dated 11.01.2016
issued by Joint Secretary, Health
Department, Government of Bihar,
Patna, whereby and whereunder, the
Petitioner has been put under
suspension with immediate effect and
his head quarter has been fixed at
Patna High Court CWJC No.6746 of 2017(3) dt.12-02-2026
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Head Quarter Establishment Section
(Section-2), Health Department,
Bihar, Patna and he will be entitled
for subsistence allowance as per Rule
10 of Bihar CCA Rules 2005.
(ii) A writ in the nature of
certiorari or any other appropriate
writ/order or direction for quashing
memo No.23 (9) dated 11.01.2016
issued by the Under Secretary, Health
Department, Government of Bihar,
Patna, whereby it was decided to
initiate departmental proceeding
against the petitioner and memo of
charge was handed over to the
petitioner alongwith this letter.
(iii) A writ in the nature of
certiorari or any other appropriate
writ/order or direction for quashing
enquiry report dated 31.08.2016 of
Conducting Officer Mr. Shekhar
Chandra Verma.
(iv) A writ in the nature of
mandamus or any other appropriate
writ/order or direction directing the
respondents to pay subsistence
allowance to the petitioner as per
Rule 10 of Bihar CCA Rules 2005,
which has not been paid to him as yet.
v) Any other appropriate
Patna High Court CWJC No.6746 of 2017(3) dt.12-02-2026
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writ/order or direction which Your
Lordships may deem fit and proper.”
3. It is submitted by learned counsel for the petitioner
that as per instructions received, during pendency of the instant
writ application, final order of punishment was passed which
has been challenged by the petitioner in another writ
application.
4. Learned counsel for the petitioner submits that
some of the reliefs prayed for herein may still subsist even after
passing of the final order of punishment. As such, it is submitted
that in case the Court is inclined to finally dispose of the writ
application, liberty may be given to file an appropriate
application in the connected writ application for adding some of
the prayers made herein in the said case.
5. Without going into the merits of the case of the
petitioner, in view of the above submission, the writ application
is disposed off with the liberty aforesaid.
(Partha Sarthy, J)
sauravkrsinha/-
U
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