Patna High Court

Kumari PriyankaversusThe State of Bihar

Decided: 26 March 2026
Disposal: DISPOSED
Bench: RITESH KUMAR

Holding

The court held that, since the punishment order was passed after a proper departmental proceeding and the requisite documents were not on record, the writ petition is dismissed as infructuous and the petitioner must challenge the order in the appropriate forum.

Summary

Petitioner Kumari Priyanka challenged a departmental punishment order (Memo No. 264 dated 01‑10‑2022) issued after her earlier suspension order was withdrawn. She filed I.A. No. 01 of 2023 seeking relief, while the State argued that the punishment was the result of a proper departmental proceeding and should be contested on its merits. The High Court observed that the order was indeed passed following a departmental process in which the petitioner participated, but the court lacked the essential documents such as the charge memo, show‑cause reply, and inquiry report. Consequently, the court declined to rule on the I.A. and dismissed the writ petition as infructuous, directing the petitioner to challenge the punishment order in the appropriate administrative forum. Both the writ petition and the I.A. were disposed of accordingly.

Issues considered

Whether the High Court can entertain a writ petition challenging a departmental punishment order in the absence of the departmental records.
Whether the petitioner must pursue the challenge to the punishment order through the proper departmental proceeding rather than a writ petition.

Subjects

writ petition
departmental punishment
suspension
procedural fairness
administrative law
jurisdiction
inter‑alia application

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8478 of 2022
                 ======================================================
                 Kumari Priyanka Wife of Sri Ram Pravesh Singh Resident of Village-Karma
                 Satuahee, P.S.-Jamhore and Distt.-Aurangabad Presently at Mohalla-Adarsh
                 Colony, P.S.-Karma Road, P.S. and District-Aurangabad.     .. ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Principal Secretary, Department of Human
                  Resources Development, Government Bihar, Patna.
           2.    The District Magistrate, Aurangabad.
           3.    The District Education Officer, Aurangabad.
           4.    The District Programme Officer (Est.), Aurangabad.
           5.    The Block Development Officer, Block Baroon District-Aurangabad.
           6.    The Block Education Officer, Block Baroon District-Aurangabad.
           7.     The Prakhand Pramukh Cum Chairman, Block Teacher Selection Unit,
                  Block Baroon District-Aurangabad.
                                                                ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Vyas Kumar Mishra, Advocate
                 For the Respondent/s   :      Mr. Subhash Chandra Mishra, SC-16
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

7   26-03-2026                 Heard the parties.

                               2. Learned counsel for the petitioner submits that

                   during pendency of the writ petition, the suspension order of the

                   petitioner issued vide Memo No. 732 dated 13.05.2022 has been

                   withdrawn, however vide Memo No. 264 dated 01.10.2022

                   issued under the signature of the Secretary, Employment Unit-

                   Cum-Block Panchayat Raj Officer, Baroon, Aurangabad, the

                   petitioner has been inflicted with certain punishment and the

                   same has been assailed by the petitioner by filing I.A. No. 01 of

                   2023.

                               3. The learned counsel for the State submits that since
          Patna High Court CWJC No.8478 of 2022(7) dt.26-03-2026
                                                      2/2




                    the punishment order has been passed after proper departmental

                    proceeding, the petitioner is required to file a writ petition

                    challenging the said punishment order, on its own merit.

                                4. Having heard the learned counsel for the parties

                    and after considering the submissions advanced by the parties,

                    this Court is of the opinion that the order contained in Memo

                    No. 264 dated 01.10.2022 has been passed after initiation of

                    proper departmental proceeding, wherein the petitioner has duly

                    participated and in absence of the relevant documents on record

                    i.e. the memo of charge, the show cause reply, the inquiry report

                    and the other relevant documents it is not appropriate to pass

                    any order on I.A. No. 01/2023, whereby the petitioner has

                    challenged the Memo No. 264 dated 01.10.2022.

                                5. Accordingly, the present writ petition is disposed of

                    as infructuous with a liberty to the petitioner to assail the order

                    contained in Memo No. 264 dated 01.10.2022 in a proper

                    proceeding. I.A. No. 01 of 2023 is also disposed of in terms of

                    the order passed above.



                                                (Ritesh Kumar, J)
AjayMishra/-

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