Patna High Court

Anup Lal MandalversusThe State of Bihar

Decided: 3 February 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The appeal under the Bihar CCA Rules, 2005 is maintainable and the petitioner must first prefer it before seeking relief in the High Court.

Summary

The petitioner, Anup Lal Mandal, filed a writ petition seeking to set aside a 30 September 2023 order that forfeited his full pension and gratuity. The order was issued by the District Magistrate, Bhagalpur, under Memo No.10(Pr)/Panchayat. The State contended that the petitioner must first appeal under Rule 23 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005, and that the writ petition was premature. The petitioner argued that he was not a government servant and therefore could approach the High Court directly. The Court examined Rule 23, which permits appeals against suspension or punishment, and Rule 24(1), which extends the right to appeal to former government servants, and held that the appeal route was available and thus maintainable. Consequently, the Court directed the petitioner to file an appeal within 30 days and the appellate authority to decide within 90 days, disposing of the writ petition.

Issues considered

Whether the petitioner, who is not a current government servant, must first prefer an appeal under the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 before approaching the High Court.

Subjects

pension forfeiture
gratuity
government servant
appeal
writ petition
Bihar CCA Rules
administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8494 of 2024
                 ======================================================
                 Anup Lal Mandal Son of Late Negru Prasad Mandal, Resident of Mohalla-
                 Chandi Prasad Lane, Kobi Bari, Sikandarpur, Police Station- Mozahidpur,
                 District- Bhagalpur.

                                                                             ... ... Petitioner/s

                                                   Versus

           1.    The State of Bihar through the Principal Secretary, Panchayati Raj
                 Department, Government of Bihar, Patna.
           2.    The District Magistrate, Bhagalpur.
           3.    The Additional Collector, Bhagalpur.
           4.    The District Panchayat Raj Officer, Bhagalpur.
           5.    The Block Development Officer, Jagdishpur, Bhagalpur.

                                                                         ... ... Respondent/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Braj Nandan Kumar Tiwary
                 For the Respondent/s   :     Mr. Government Pleader (14)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   03-02-2026                  Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                2. The present writ petition has been filed for setting

                   aside the order dated 30.09.2023 contained in Memo No.

                   10(Pr)/Panchayat (Annexure-P/4) issued under the signature of

                   the District Magistrate, Bhagalpur whereby and whereunder, full

                   pension along with Gratuity of the petitioner have been

                   forfeited.

                                3. Learned counsel for the State raised a preliminary
Patna High Court CWJC No.8494 of 2024(2) dt.03-02-2026
                                            2/3




          objection and submits that the petitioner has the remedy of

          preferring appeal under Rule 23 of the Bihar Government

          Servants (Classification, Control & Appeal) Rules, 2005

          (hereinafter referred to as ‘Bihar CCA Rules, 2005’) against the

          order impugned here. But, in-spite of preferring appeal, he has

          directly moved before this Hon’ble Court.

                       4. In response thereof, learned counsel for the

          petitioner submits that since, the petitioner is not a government

          servant, therefore, he has moved directly before this Hon’ble

          Court.

                       5. After hearing the parties and upon going through

          the provisions under Rule 23 and 24 of the Bihar CCA Rules,

          2005, Rule 23 provides that a government servant may prefer an

          appeal against order of suspension or order of punishment. Rule

          24(1) further provides that a government servant, including a

          person who has ceased to be in government service, may prefer

          an appeal.

                       6. In this view of the matter, the appeal is

          maintainable in this case. As such, the petitioner is hereby

          directed to prefer appeal before the Appellate Authority within

          30 days, and the Appellate Authority is directed to pass order on

          the petitioner’s appeal within 90 days thereafter.
             Patna High Court CWJC No.8494 of 2024(2) dt.03-02-2026
                                                         3/3




                                   7. Accordingly, with the aforesaid direction, this writ

                       petition stands disposed off.



                                                                  (Dr. Anshuman, J)
Divyansh/-

U

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