Patna High Court
Kumar AbhishekversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
Checking your session…