Patna High Court

Mushtaque Ali AnsariversusThe State of Bihar

Decided: 22 January 2026
Disposal: DISPOSED
Bench: ALOK KUMAR SINHA

Holding

The writ application is not maintainable at this stage and is disposed of, with a direction to the District Programme Officer to decide the matter within three months.

Summary

Mushtaque Ali Ansari, a government employee, received a show‑cause notice (Letter No.4450 dated 15‑12‑2025) from the District Programme Officer (Establishment), Nawada, directing him to explain why he should be terminated. He filed a writ petition seeking quashing of the notice and restraining any further action. The High Court held that the petition was premature as no adverse termination order had been passed, rendering the writ application non‑maintainable. Consequently, the petition was disposed of, but the Court directed the District Programme Officer to take a final decision on the matter within three months. The order also deemed any pending interim applications as disposed.

Issues considered

What is the maintainability of a writ petition filed before any adverse service termination order is passed?

Subjects

writ jurisdiction
service termination
show cause notice
maintainability
premature petition
administrative law
direction to authority

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.902 of 2026
                 ======================================================
                 Mushtaque Ali Ansari Son of Late Md. Kamaruddin @ Late Md.
                 Quemruddin, resident of Village- Balia Bujurg, Police Station- Akbarpur in
                 the district of Nawada.

                                                                    ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Department of
                 Education, Government of Bihar, Patna.
           2.    The Principal Secretary, Department of Education, Government of Bihar,
                 Patna.
           3.    The Joint Secretary, Department of Education, Government of Bihar, Patna.
           4.    The Director, Primary Education, Government of Bihar, Patna.
           5.    The District Education Officer, Nawada, Bihar.
           6.    The District Program Officer (Estb.), Nawada, Bihar.
           7.    The Block Education Officer, Akbarpur in the district of Nawada.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Sunil Kumar, Advocate
                 For the Respondent/s   :     Mr. Kumar Manglam, A.C. to S.C.-24.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   22-01-2026                   Heard learned counsel for the petitioner and learned

                   counsel appearing on behalf of the respondent-State.

                               2. With consent of the parties, the present writ

                   application is being disposed of at this stage itself.

                               3. In the present writ application, the petitioner has

                   prayed for quashing/setting aside letter No.4450 dated

                   15.12.2025 issued by respondent No.6 by which show cause

                   notice has been given to the petitioner directing him to submit

                   explanation within a period of two days as to why the petitioner
Patna High Court CWJC No.902 of 2026(2) dt.22-01-2026
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          should be terminated from service. Further, prayer has been

          made for restraining the respondent from taking any further

          action against the petitioner.

                      4. Manifestly, this writ application has been filed pre-

          maturely for the reason that till date no adverse order has been

          passed against the petitioner. The writ application is, therefore,

          not maintainable at this stage.

                      5. Learned counsel for the petitioner submits that in

          light of notice dated 15.12.2025, the petitioner has filed his

          reply/explanation which is pending consideration before the

          respondent       No.6,     that    the    District   Programme   Officer

          (Establishment), Nawada.                He further submits that some

          direction may be given to the District Programme Officer,

          (Establishment) Nawada to take a final decision in the matter as

          soon as possible.

                      6. For the reasons indicated above, this writ

          application is held to be not maintainable at this state and it is

          accordingly disposed of directing the District Programme

          Officer (Establishment), Nawada to take a final decision in the

          matter preferably within a period of three months from the date

          of passing of this order.

                      7. With the aforesaid observation/direction and liberty
            Patna High Court CWJC No.902 of 2026(2) dt.22-01-2026
                                                        3/3




                      granted, the present writ application stands disposed of.

                                  8. All pending I.A.s, if any, is deemed to have been

                      disposed of.



                                                                (Alok Kumar Sinha, J)
sanjeev/-

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