Patna High Court
Upendra Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petitioner must first avail the statutory appeal before the writ petition can be entertained.
Summary
The petitioner, Upendra Kumar Singh, a former Chaukidar, filed a writ petition seeking a certiorari to quash his dismissal order dated 04-03-2025 issued by the District Collector, Saran. He also requested his reinstatement and any other reliefs. The State raised a preliminary objection that the petitioner had not exhausted the statutory appellate remedy before approaching the High Court. The Court examined whether the writ petition was maintainable in the absence of an appeal. It held that the petitioner must first file an appeal to the appropriate appellate forum within 30 days, and any delay in filing would be condoned. Consequently, the Court directed the petitioner to pursue the appeal and indicated that the writ petition would be disposed of after the appeal is filed.
Issues considered
- Whether the petitioner is required to exhaust the appellate remedy before filing a writ petition challenging his dismissal.
Subjects
- service termination
- writ of certiorari
- exhaustion of remedies
- public service
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7051 of 2025
======================================================
Upendra Kumar Singh Son of Late Ramadhar Singh, Resident of Village-
Bhagawatpur, P.S. Taraiya, District- Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Director General of Police, Govt. of Bihar, Patna.
3. Inspector General of Police, Saran, Chapra.
4. Deputy Inspector General of Police, Saran Region, Chapra.
5. District Magistrate-Cum- Collector, Saran, Chapra.
6. Superintendent of Police, Saran, Chapra.
7. Sub- Divisional Officer, Marhowrah, Saran.
8. Circle Officer, Taraiya, Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Mishra, Advocate
For the Respondent/s : Mr. Government Advocate (5)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-03-2026 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 for the following reliefs:-
I) For issuance of a writ in the
nature of certiorari for quashing of the order
dated 04.03.2025 vide Memo No. 303/ सा०
dated 04.03.2025 passed by District
Collector, Saran, Chapra by which the
petitioner has been dismissed from the
service.
II) For a direction to appoint the
Patna High Court CWJC No.7051 of 2025(2) dt.16-03-2026
2/2
petitioner who has illegally been terminated
from the post of Chaukidar.
III) For any other relief/reliefs for
which the petitioner is entitled for.
3. Learned counsel for the State raised a preliminary
objection and submits that the petitioner has come directly
before this Court without exhausting the appellate remedy.
4. In view of the above, the petitioner is hereby
directed to avail of the remedy of appeal before the Appellate
Forum within 30 days. It is made clear that any delay in filing
the appeal shall be condoned, and the said appeal shall be
disposed of at the earliest.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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