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Patna High Court

Upendra Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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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