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Patna High Court

AnandversusThe State Of Bihar and Ors

Decided
Disposal
WITHDRAWN

Holding

The Court dismissed the application for issuance of writs as withdrawn.

Summary

Anand, a Block Statistical Supervisor, resigned from his post and later, after recovering from ill health that had caused his resignation, sought to withdraw his resignation. He filed an application before the Patna High Court requesting writs directing the State of Bihar and its officials to accept his withdrawal and allow him to resume duties. The petitioner’s counsel indicated a desire to withdraw the application. The Court noted that the case had been admitted for hearing but, upon the petitioner’s request, dismissed the application as withdrawn. No substantive adjudication on the merits was made.

Issues considered

  • What relief, if any, can be granted by the Court to compel acceptance of a withdrawn resignation of a government employee?

Subjects

  • resignation
  • withdrawal of resignation
  • writ petition
  • civil service
  • health
  • administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.99 of 2019
                 ======================================================
                 Anand Son of Shri Bikrama Ram Resident of Ward No. 11, Mainpura, Post
                 Office- Danapur Cant, Police Station- Danapur, Town and District- Patna,
                 Permanent Resident of Village- Baghauni, Post Office and Police Station-
                 Hussainganj, District- Siwan.

                                                                              ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Planning
                 and Development, Government of Bihar, Patna.
           2.    The Principal Secretary, Department of Planning and Development,
                 Government of Bihar, Patna.
           3.    The Deputy Additional Secretary, Department of Planning and Development
                 and Directorate of Statistics, Government of Bihar, Patna.
           4.    Block Development Officer, Amanaur, District- Saran,Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Kamala Kant Tiwary, Advocate
                 For the Respondent/s   :     Mr. Rajan Prakash, AC to GA- 2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

6   12-02-2026                 1. The petitioner has filed the instant application for

                   the following relief:

                                                          “1.    That,        this      is    an
                                               application       for      issuance             of
                                               appropriate      writs    to      direct       the
                                               respondents      to     accept        letter    of
                                               withdrawal       of      the       petitioner's
                                               resignation from his post of Block
                                               Statistical Supervisor and direct the
                                               respondents to allow the petitioner to
                                               join his duties as the withdrawal being
                                               done before the acceptance of the
                                               resignation given then under the
           Patna High Court CWJC No.99 of 2019(6) dt.12-02-2026
                                                       2/2




                                                     circumstances existing beyond the
                                                     control of the petitioner when his ill
                                                     health       caused    anxieties     and
                                                     depression then making him then
                                                     unable to take proper decisions and
                                                     also to discharge his duties properly
                                                     but when he fully recovered and came
                                                     out of his ill state of health completely
                                                     he filed application for withdrawal of
                                                     his resignation which is yet not
                                                     accepted.”

                                 2. By order dated 18.7.2019, this case was admitted

                     for hearing.

                                 3. Learned counsel for the petitioner submits that as

                     per instructions received, he seeks permission to withdraw the

                     application.

                                 4. In view of the above, the application is dismissed as

                     withdrawn.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U


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