Patna High Court

Sunil Kumar SinghversusThe State of Bihar

Decided: 3 July 2026
Disposal: DISPOSED
Bench: RANJAN KUMAR JHA

Holding

The Court held that the Secretary, Transport Department, Government of Bihar must consider the petitioner’s representation and pass a reasoned order within ten weeks.

Summary

The petitioner, Sunil Kumar Singh, sought a writ of mandamus directing the Bihar Transport Department to grant him an ad‑hoc promotion to District Transport Officer, matching the promotion already given to his juniors, and to keep the post vacant until the petition is finally decided. He also requested the department to dispose of a pending representation (Annexure‑P/4) within a stipulated time. The Court, after hearing counsel, noted the pending representation and ordered the Secretary of the Transport Department to consider it, hold a hearing, and pass a reasoned order. The Court mandated that this exercise be completed within ten weeks from receipt of the order. Consequently, the writ petition was disposed of subject to the above directions.

Issues considered

Whether the petitioner is entitled to an ad‑hoc promotion to District Transport Officer on the same terms as his juniors
Whether the authority should keep the post vacant until the final disposal of the writ petition
Whether the Transport Department must dispose of the pending representation within a specified time

Subjects

ad‑hoc promotion
mandamus
public service
transport department
writ petition
representation
vacancy

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.9005 of 2026
                 ======================================================
                 Sunil Kumar Singh Son of Ram Chandra Singh, Resident of Village- Nagar
                 Panchayat Tegra, Ward no.- 23, P.S.- Madhurapur, District- Begusarai.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Secretary Transport Department, Govt. of
                 Bihar, Patna.
           2.    The Secretary, Transport Department, Govt. of Bihar, Patna.
           3.    The State Transport Commissioner, Bihar, Patna.
           4.    The Joint Secretary Transport Department, Govt. of Bihar, Patna.
           5.    The Deputy Secretary, Transport Department, Govt. of Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Pritish Ranjan, Advocate
                 For the Respondent/s   :      Mr. Government Pleader 12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
                                       ORAL ORDER

2   03-07-2026                  Petitioner has prayed for following relief(s):-

                                             I. For issuance of an appropriate writ/writs,
                                  order/orders in the nature of Mandamus directing the
                                  respondents authority to grant ad-hoc promotion to the
                                  petitioner on to the post of District Transport Officer
                                  from the date of 06.04.2026 his juniors have been
                                  granted ad-hoc promotion with all consequential
                                  benefits.
                                             II. For issuance of a writ in the nature of
                                  Mandamus directing the respondent authority keep
                                  vacate one post of District Transport Officer till final
                                  Disposal of present writ application.
                                             III. For any other relief/reliefs to which the
                                  petitioners are found entitled under the facts and
                                  circumstances of the present case.

                               2. In course of arguments, the attention of this Court

                   has been drawn towards the representation i.e. Annexure-P/4
          Patna High Court CWJC No.9005 of 2026(2) dt.03-07-2026
                                                      2/2




                    is pending before the Secretary, Transport Department,

                    Government of Bihar, Patna and the learned counsel for the

                    petitioner prays for direction to the respondent concerned for

                    disposal of his representation within time framed.

                                3. This Court directs the Respondent No. 2 i.e.

                    Secretary, Transport Department, Government of Bihar, Patna to

                    consider the representation (Annexure P/4) and pass a reasoned

                    order after hearing the petitioner and any other party who may

                    be adversely affected by the order of the Secretary.

                                4. The exercise must be completed within ten weeks

                    from the date of receipt/production of the copy of this order.

                                5. This writ petition stands disposed of with aforesaid

                    terms.



                                            (Ranjan Kumar Jha, J)
rashmi/veena-

U

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Pritish Ranjan