Patna High Court

Upendra SinghversusThe State of Bihar

Decided: 21 April 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The petition must be dismissed because the petitioner is required to first avail the statutory appeal before seeking writ relief.

Summary

The petitioner, Upendra Singh, a suspended Panchayat Secretary, filed a writ petition challenging two orders of the District Magistrate – one suspending him and initiating departmental proceedings (memo 1035/2022 and 1237/2022) and another imposing a penalty of stopping three increments (memo 174/2025). He sought quashing of the orders, restoration of benefits, and other reliefs. The State raised a preliminary objection that the petitioner had not first filed the statutory appeal provided under the relevant service rules before approaching the High Court. The Court examined the jurisdictional requirement and held that a writ petition cannot be entertained when a specific statutory remedy is available and pending. Consequently, the petition was dismissed, with the Court directing the petitioner to file the appeal and offering condonation of any delay if the appeal is filed within 30 days.

Issues considered

Whether the petitioner can approach the High Court directly without preferring the statutory appeal
Whether the orders of the District Magistrate can be quashed by a writ

Subjects

writ petition
administrative order
suspension
departmental proceeding
statutory appeal
jurisdiction
condonation of delay

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.8210 of 2025
     ======================================================
     Upendra Singh son of Late Anup Lal Singh resident of Village- Chandra
     Nagar, P.S.- Muffasil, District - Khagaria, At Present suspended Panchayat
     Secretary Khagaria Sadar Block.

                                                                   ... ... Petitioner/s
                                         Versus

1.   The State of Bihar through the Principal Secretary, General administration,
     Govt. of Bihar, Patna.
2.   The District Magistrate Khagaria
3.   The District Panchayat Raj Officer, Khagaria.
4.   The D.D.C. Khagaria
5.   S.D.O. Khagariya
6.   Block Development Officer Alauli Khagaria
7.   The Block Development Officer, Sadar, Khagaria

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :        Mr. Rajesh Kumar, Advocate
     For the Respondent/s   :        Mr. Government Pleader (26)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT
     Date : 21-04-2026


                  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 with the following

      reliefs:

                                         “ a. To quash/set aside the order
                                passed by District Magistrate (respondent
                                no. 2) issued vide memo no, 1035 dated
                                24.05.2022 (Annexure- P/4) whereby and
Patna High Court CWJC No.8210 of 2025 dt.21-04-2026
                                           2/3




                                 whereunder           the   respondent   no.   2
                                 suspended the petitioner and memo no.
                                 1237 dated 18.06.2022 (Annexure-P/5)
                                 issued by respondent no. 2 by which
                                 departmental proceeding was initiated
                                 against the petitioner which seems to be
                                 mala fide, deliberately issued arbitrary.
                                              b. To quash/set-aside the order
                                 passed by District Magistrate Khagariya
                                 (respondent no. 2) issued vide memo no.
                                 174, dated 28.01.2025 which was served by
                                 the petitioner on 29.01.2025, whereby and
                                 whereunder respondent No.2 punished
                                 with a sentence to stop three increment of
                                 the petitioner with cumulative effect.
                                              c. To direct the respondents to
                                 give the consequential benefit to the
                                 petitioner entitle under the law.
                                              d. Any other relief(s) for which
                                 petitioner is entitled under the law.”
                     3. Learned Counsel for the State raised preliminary

         objection and submits that the petitioner has challenged this

         order directly before this Hon’ble Court without preferring the

         statutory appeal.

                     4. In the light of the submissions made, this writ

         petition is disposed off directing the petitioner to avail the

         remedy of appeal first then come to this Hon’ble Court. The
             Patna High Court CWJC No.8210 of 2025 dt.21-04-2026
                                                        3/3




                      delay, if any, in filing the appeal shall be condoned, if filed

                      within 30 days.




                                                                   (Dr. Anshuman, J)
Mkr./-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          23.04.2026
Transmission Date

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