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Patna High Court

Kumar AbhishekversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is not maintainable; the petitioner must first seek review under the statutory remedy before approaching the court.

Summary

Kumar Abhishek, a consultant (PMU) in the Bihar Department of Information Technology, was dismissed by memo No. 4/2025 dated 24‑02‑2025 and declared ineligible for any future government appointment without being given a hearing. He filed a writ petition seeking quashing of the dismissal order, reinstatement, and back‑salary from November 2024 to February 2025, alleging violation of natural justice. The State raised a preliminary objection that the petitioner had not first availed the statutory revision remedy provided under the disciplinary procedure. The Court held that the writ petition was not maintainable until the statutory review is pursued. Accordingly, the petition was disposed, but the petitioner was granted liberty to approach the Reviewing Authority within 30 days, with the authority required to decide within 90 days and to condone any delay. The order emphasizes compliance with the prescribed internal review mechanism before judicial intervention.

Issues considered

  • Whether a writ petition challenging a disciplinary dismissal is maintainable without first invoking the statutory revision remedy.
  • Whether the dismissal order, issued without a hearing, violates the principles of natural justice and can be quashed by a writ.
  • Whether the petitioner is entitled to reinstatement and payment of salary pending the outcome of the statutory review.

Subjects

  • natural justice
  • disciplinary action
  • writ petition
  • statutory review
  • reinstatement
  • salary arrears
  • departmental dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.9084 of 2025
                 ======================================================
                 Kumar Abhishek Son of Diwakar Prasad, Resident of 8 M/9 MIG Bahadurpur
                 Housing Colony, P.S- Agam Kuan, District- Patna.

                                                                               ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar through the Secretary Department of Information
                 Technology Bihar Technology Bhawan Patna.
           2.    The Special Secretary, Department of Information Technology, Bihar
                 Technology Bhawan Patna.
           3.    The Under Secretary, Department of Information Technology, Technology
                 Bhawan Bihar, Patna.
           4.    The Section Officer, Department of Information Technology, Technology
                 Bhawan Patna.
           5.    The Assistant Section Officer, Department of Information Technology, Govt.
                 of Bihar Patna, Technology Bhawan.
           6.    The General Manager, Beltron Bailey Road Patna.
           7.    Nikita Paswan Wife of not known, Resident of Mohalla Pirmohani Gate
                 No.2 P.S. Kadam Kuan, District Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Nand Kishore Prasad Sinha, Advocate
                 For the State           :        Mr. Standing Counsel (12)
                 For the BELTRON         :        Mr. Girjish Kumar, Advocate
                                                  Mr. Akash Anand, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   05-05-2026                     Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                 2. Learned counsel for the petitioner submits that the

                   present writ petition has been filed for the following reliefs:-

                                                       “For issuance of an appropriate
                                             writ order or direction for quashing the
                                             memo No. 4/2025, 380 dated 24-2-2025
                                             issued by the under Secretary Department of
Patna High Court CWJC No.9084 of 2025(2) dt.05-05-2026
                                            2/3




                                  Information Technology Bihar, Patna as
                                  contained in Annexure – 16 whereby and
                                  where under the petitioner was dismissed
                                  from the post of consultant (PMU) and also
                                  declare in illegible for any appointment in
                                  future in any Govt. Service in a departmental
                                  proceeding without Examining any witnesses
                                  and without giving any opportunity of
                                  hearing to the petitioner and a major
                                  punishment of dismissal from service has
                                  been passed against the petitioner in
                                  violation of Principals of natural justice and
                                  as    such      the    aforesaid   order   is   not
                                  sustainable in law and thus vitiated and
                                  further a prayer is made to reinstate the
                                  petitioner on his post and to make payment
                                  of due salary with effect from November
                                  2024 to February 2025.”
                      3. Learned counsel for the State raises a preliminary

          objection and submits that the order passed by the Disciplinary

          Authority has been challenged before this Court without

          availing the statutory remedy of revision.

                      4. Accordingly, the present writ petition stands

          disposed of, granting liberty to the petitioner to challenge the

          order passed by the Original Authority before the Reviewing

          Authority in accordance with law within 30 days from today.

          The Reviewing Authority shall pass order within 90 days
         Patna High Court CWJC No.9084 of 2025(2) dt.05-05-2026
                                                     3/3




                   thereafter.

                                 5. It is made clear that the Reviewing Authority shall

                   condone the delay if filed within 30 days.



                                                                  (Dr. Anshuman, J.)

Aman Kumar/-

U


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