Patna High Court

Naubat Narayan SinghversusThe State of Bihar

Decided: 31 January 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The punishment order is appealable under the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005, and the writ petition may be withdrawn with liberty to prefer an appeal.

Summary

The petitioner, a retired chief head warden, filed a writ petition challenging a punishment order dated 5 September 2018. The State counsel argued that the order is appealable under the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005. The court agreed that the order falls within the ambit of those rules and therefore the writ petition was not the appropriate remedy. Consequently, the court granted the petitioner permission to withdraw the writ petition and to file an appeal before the appropriate authority within 30 days. The court also directed that the appellate authority decide the appeal within 90 days of filing.

Issues considered

Whether the punishment order dated 5 September 2018 is appealable under the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005.
Whether the writ petition is maintainable in view of the availability of an appeal under the Rules.

Subjects

writ petition
punishment order
appeal
Bihar Government Servants Rules
civil writ jurisdiction
withdrawal
appellate authority

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.9156 of 2022
                 ======================================================
                 Naubat Narayan Singh Son of Late Ram Nandan Singh, Retired Chief Head
                 Warder from Adarsh Central Jail, Beur Patna Bihar, Resident of Native
                 Village- Dariyapur, P.S. Masaurhi, Sub-Division- Masaurhi, District- Patna.
                 A/P- Sarswati Vihar Colony, Sainchak, P.O. and P.S.- Beur, District- Patna.

                                                                                ... ... Petitioner/s
                                               Versus
           1.    The State of Bihar through Home Secretary, Home Department, Bihar,
                 Patna.
           2.    The Inspector General of Prison, Home (Jail) Department, Correctional
                 Services Department (Home), Bihar, Patna.
           3.    The Joint Secretory-cum-Director (Admin), Prison and Correctional
                 Services, Inspection Department, (Home) Bihar, Patna.
           4.    The Awakash Rakchit Padadhikari, Jail and Correctional Services, Home
                 Department, Bihar Patna.
           5.    The Special Executive Officer, Jail and Correctional Services, Home
                 Department, Bihar Patna.
           6.    The Jail Superintendent, Adarsh Central Jail, Beur, Patna.
           7.    The Jail Superintendent, District Jail, District- Araria, Bihar.
           8.    The Jail Superintendent, District Jail Begusarai-cum-Sanchalan Padadhikari.
           9.    The Jail Superintendent, Upkara, Bagaha, District- West Champaran, Bihar.
           10. Sri Brajesh Mehta, The then Jail Superintendent, District Jail, Araria, Bihar.
           11. Sri Nand Kishore Das, The then office Clerk-cum-Deputy Superintendent
               incharge, District jail Araria, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Pramod Kumar Singh, Advocate
                 For the Respondent/s   :        Mr. Md. Nadim Seraj (GP5)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   31-01-2026                 Learned counsel for the petitioner and learned counsel

                   for the State are present.

                               2. The present writ petition has been filed challenging

                   the punishment order contained in Letter No. 6302 dated

                   05.09.2018 (Annexure-1 to the writ petition).
            Patna High Court CWJC No.9156 of 2022(3) dt.31-01-2026
                                                        2/2




                                  3. Learned counsel for the State has raised a

                      preliminary objection and submits that the order under challenge

                      is appealable under the provisions of the Bihar Government

                      Servants (Classification, Control & Appeal) Rules, 2005.

                                  4. In view of the aforesaid submission, learned

                      counsel for the petitioner seeks permission to withdraw the

                      present writ petition with liberty to prefer an appeal.

                                  5. Permission is granted.

                                  6. Accordingly, the present writ petition stands

                      disposed of as withdrawn with liberty to the petitioner to prefer

                      an appeal before the appropriate authority within a period of 30

                      days from today.

                                  7. It is made clear that the appellate authority shall

                      pass an order on the appeal of the petitioner, if preferred, within

                      a period of 90 days from the date of filing of the appeal after

                      completion of appearance of the parties.



                                                 (Dr. Anshuman, J)
Ashwini/-

U

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