Patna High Court
Raj KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The Court held that the impugned order was duly reasoned, considered all relevant aspects, and therefore no interference was warranted, leading to dismissal of the writ petition.
Summary
The petitioner, Raj Kumar, a former Assistant Manager (Project & Accounts) with Bihar Vikash Mission, sought re‑employment after his resignation was accepted in July 2019. He filed multiple representations and writ petitions challenging the rejection of his re‑hire applications, the latest being a writ petition (CWJC No.7347 of 2025) seeking a direction to produce the order dated 28‑02‑2024 and to quash it. The State argued that the petitioner had repeatedly approached the court and that the order rejecting his representation was reasoned and complied with procedural requirements. The Court examined the impugned order and found that it addressed all material aspects of the case and was duly reasoned. Consequently, the Court held there was no ground for interference and dismissed the writ petition. The dismissal upheld the administrative discretion exercised by the Bihar Vikash Mission.
Issues considered
- Whether the order dated 28‑02‑2024 rejecting the petitioner's representation for re‑hire is liable to be set aside on grounds of procedural irregularity or violation of natural justice.
- Whether the petitioner is entitled to re‑employment despite having resigned and whether the administrative authority exercised its discretion lawfully.
- Whether the petitioner's multiple filings constitute an abuse of process warranting dismissal of the present writ petition.
Subjects
- service law
- re‑employment
- administrative discretion
- writ petition
- natural justice
- abuse of process
- multiple petitions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7347 of 2025
======================================================
Raj Kumar S/o- Anil Kumar Sahani, R/o Mohalla- Sahani Lane, Juran
Chapra, Road NO. 04, P.O.- MIT, P.S.- Brahampura, District- Muzaffarpur,
Biahr, Pin Code- 842003.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna Cum
Chairman, Executive Committee, Bihar Vikas Mission, Rajvanshi Nagar,
Patna- 800023.
2. The Chief Secretary, Govt. of Bihar, Patna Cum Chairman, Executive
Committee, Bihar Vikas Mission, Rajvanshi Nagar, Patna- 800023.
3. The Development Commissioner, Bihar, Patna Cum Chairman, Up-mission,
Cum Appellate Authority Bihar Vikas Mission, Rajvanshi Nagar, Patna-
800023.
4. The Additional Chief Secretary, Department of Cabinet Secretariat, Govt. of
Bihar, Patna.
5. The Bihar Vikash Mission (BVM), through its Chief General Manager,
Office at Bihar State Building Construction Corporation Campus, Hospital
Road Rajbanshi Nagar, Patna- 800023.
6. The Chief General Manager, Bihar Vikash Mission (BVM) at Bihar State
Building Construction Corporation Campus, Hospital Road Rajbanshi
Nagar, Patna- 800023.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suresh Prasad Bhakta, Adv.
Mr.Dheeraj Kumar, Adv.
For the Respondent/s : Mr.Subhash Pd. Singh, GA3
Mr.Indeshwari Pd. Mandal, AC to GA3
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 24-03-2026 Heard Learned Counsel for the petitioner and
Learned Counsel for the State.
2. The present writ petition has been filed with the
following reliefs:-
(i) For issuance of appropriate
writ/order/direction commanding the Respondent
Patna High Court CWJC No.7347 of 2025(2) dt.24-03-2026
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No.3 to produce the order before this Hon'ble
Court and quashed the same which is
communicated to Respondent No.6 vide Memo No.
628 dated 18.4.2024 to the petitioner thereunder
representation dated 18.3.2024 (Annexure-P/11)
filed by the petitioner against the order contained
in Memo No. वव०वव०वम०-सथा०-(नयायालय) 02/23
353 अनु ०पटना, वदनांक 28.02.2024 (Annexure-P/10)
has been rejected without enclosing/annexing the
order passed by the Respondent No.3.
(ii) For issuance of appropriate writ for
quashing the order contained in Memo No.
वव०वव०वम०-सथा०- (नयायालय) 02/23 353 अनु ० पटना,
पटना, वदनांक 28.02.2024 (Annexure-P/10)
issued/passed by the Respondent No.6 Chief
General Manager, Bihar Vikash Mission, Patna. In
the light of the order dated 1.8.2023 (Annexure-
P/9) in C.W.J.C. No. 3463/2023 (Raj Kumar Vs.
The State of Bihar & others).
(iii) For issuance of appropriate
writ/order/direction commanding the Respondent
authority concerned to re-hire the petitioner on the
post of Assistant Manager (Project & Accounts)
under the Bihar Vikash Mission.
3. Learned counsel for the petitioner submits that the
petitioner was appointed as Assistant Manager (Project and
Accounts) and resignation of the petitioner was accepted on
22.07.2019. He filed representation before Respondent No.6 to
Patna High Court CWJC No.7347 of 2025(2) dt.24-03-2026
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re-hire on his previous post. He submits explanation and
apology in this regard. He further submits that the show-cause
notice was also issued against him to not repeat the same in
future. He further submits that on 12.11.2022, the petitioner has
filed a representation to respondent No.6 to re-hire on the
previous post, but no effect has come.
4. Counsel further submits that the petitioner has filed
C.W.J.C.No.3463 of 2023, which was dismissed with
observation. In the light of the order, the petitioner has filed
representation on 08.09.2019, but it was dismissed on
28.02.2024. The appeal was filed in the form of representation
which was again dismissed by respondent No.3, but the order of
dismissal of his representation dated 18.03.2024 has not been
provided.
5. Counsel for the State, on the other hand, submits
that the petitioner has not come before this Hon’ble Court with
clean hand. He further submits that the petitioner had moved
before this Court thrice. Firstly, in C.W.J.C. No.5229 of 2021
which was disposed of on 09.04.2021 with direction to file
representation. Thereafter, the petitioner has filed his
representation. When representation was pending, then he
moved again before this Hon’ble Court in C.W.J.C. No.867 of
Patna High Court CWJC No.7347 of 2025(2) dt.24-03-2026
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2023 which was disposed of on 24.04.2023 in which the Court
has directed to consider the candidature of the petitioner along
with other candidates. Thereafter petitioner has again moved in
C.W.J.C. No.3463 of 2023 which was dismissed with
observation that Bihar Vikash Mission (respondent No.3) who
passed order on the petitioner’s representation dated 08.09.2019,
claiming to be re-hired after his alleged resignation on
16.07.2019. He further submits that in the light of the
observations made in C.W.J.C. No.3463 of 2023, the authority
(Chief General Manager) has passed a reasoned order on
28.02.2024, considering each and every aspect of the matter.
Thereafter, the petitioner has filed the present writ petition with
the same relief.
6. Upon perusal of the record, particularly, the order
impugned dated 28.02.2024, it transpires to this Court that the
petitioner has not moved thrice rather he has moved four times
before this Hon’ble Court. Firstly, in C.W.J.C. No.5229 of 2021,
then in C.W.J.C. No.13648 of 2021 followed in LPA No.1 of
2022, then in C.W.J.C. No.867 of 2023, then again in C.W.J.C.
No.3463 of 2023 and now in the present writ petition i.e.,
C.W.J.C. No.7347 of 2025.
7. Upon perusal of the impugned order which is
Patna High Court CWJC No.7347 of 2025(2) dt.24-03-2026
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Annexure-P/10 dated 28.02.2024, it transpires to this Court that
each and every aspect relating to the petitioner’s case on merit
has been duly considered and reasoned order has been passed.
The demand of petitioner about the order that his application
was again rejected on 18.02.2024, has also been made. On the
grounds of reasoning mentioned in the said order dated
18.02.2024, this Court is fully satisfied that every aspect relating
to the petitioner has already been discussed in the reasoned
order and there is no need of any interference, and hence, the
present writ petition is hereby dismissed.
8. With the aforesaid directions and observations, the
present writ application stands dismissed.
(Dr. Anshuman, J)
Prakashmani/-
U
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