Patna High Court

Virmati AryaniversusThe State of Bihar

Decided: 30 January 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The petition is not maintainable until the petitioner exhausts the statutory remedy of appeal/review under Rule 17 of the CCA Rules, 2005.

Summary

Petitioner Virmati Aryani filed a writ petition seeking a writ to quash the dismissal order (letter No.347(9) dated 30.06.2021) of her husband, Dr. Uday Kumar, on grounds of prolonged unauthorized absence. The State contended that the dismissal was made by a competent authority under Rule 17 of the CCA Rules, 2005, which provides a specific appeal/review mechanism. The Court held that the petitioner had not exhausted this statutory remedy and therefore could not approach the High Court directly. Consequently, the Court granted the petitioner liberty to prefer an appeal or review before the competent authority within 30 days and directed that the authority decide within 90 days of receiving the appeal. The application was disposed of pending compliance with this direction.

Issues considered

Whether the petitioner can approach the High Court directly without first exhausting the appeal/review remedy under Rule 17 of the CCA Rules, 2005.

Subjects

writ petition
service dismissal
exhaustion of remedies
administrative law
Rule 17
CCA Rules, 2005
high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.8756 of 2022
                 ======================================================
                 Virmati Aryani W/o Dr. Uday Kumar, R/v-L.I.G. 14/94, Hanuman Nagar,
                 Kankarbagh, P.S.-Kankarbagh, Distt.-Patna.

                                                                             ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Health Department, Government of Bihar,
                 Patna.
           3.    The Principal Secretary, Health Department, Government of Bihar, Patna.
           4.    The Joint Secretary, Health Department, Government of Bihar, Patna.
           5.    The Civil Surgeon, Bhojpur, Ara.
           6.    The Accountant General (A and E) Birchand Patel Path, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Arvind Kr. Srivastava, Advocate
                 For the Respondent/s   :      Mr. Pankaj Kumar (SC-12)
                                               Mr. Anuj Kumar, AC to SC-12
                 For the Accountant General:   Mr. Ram Kinkar Choubey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   30-01-2026                   Learned Counsel for the petitioner, learned Counsel

                   for the Accountant General and learned Counsel for the State are

                   present.

                               2. Learned Counsel for the petitioner submits that the

                   present writ petition has been filed for issuance of an

                   appropriate writ directing the respondents to quash letter

                   No.347(9) dated 30.06.2021 by which Dr. Uday Kumar, the

                   husband of the petitioner, was dismissed from service on the

                   ground of the absent since 05.01.2009 to 26.09.2014 and

                   27.04.2017 till the date of the order without taking any
Patna High Court CWJC No.8756 of 2022(3) dt.30-01-2026
                                            2/3




          permission that Dr. Uday Kumar was working in the said period

          getting the salary and further directed to provide service benefit

          to the petitioner, who is the wife of Dr. Uday Kumar.

                      3. Learned counsel for the State raised preliminary

          objection and submits that the order under challenge has been

          made by the competent authority under Rule 17 of the CCA

          Rules, 2005, which is appealable/reviewable, the petitioner

          without exhausting the remedy of appeal/review has come to

          this Hon’ble Court directly.

                      4. Learned Counsel for the petitioner fairly submits

          that this is the factual matrix which he cannot deny but he

          submits that there are series of points on the basis of which he is

          in a position to prove his case.

                      5. After hearing the parties, this Court without

          entering into the merit or demerit of the case granting liberty to

          the petitioner to prefer appeal/review before the competent

          authority within 30 days from today and the competent authority

          shall take decision within 90 days from the date of

          receipt/production of a copy of this order along with the

          memorandum of appeal/review. The counting of 90 days shall

          be counted after appearance of all concerned who are necessary

          to be heard.
         Patna High Court CWJC No.8756 of 2022(3) dt.30-01-2026
                                                     3/3




                               6. With the aforesaid direction, this application stands

                   disposed off.



                                                                  (Dr. Anshuman, J)
    Mkr./-

U

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