Patna High Court
Lalan RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The intra‑court appeal is deemed infructuous due to the subsequent order and is therefore disposed of.
Summary
Lalan Ram, a retired government employee, filed a writ petition challenging the disciplinary proceedings initiated against him, alleging denial of a hearing as required under Rule 43(b) and Rule 139 of the Bihar Pension Rules. The Single Judge dismissed the petition, remanding the matter to the disciplinary authority to determine whether a hearing was afforded. The appellant filed an intra‑court appeal, but during its pendency the authorities issued a fresh order dated 17‑05‑2025 (Memo No.16‑1020). The High Court observed that the subsequent order rendered the appeal infructuous. Consequently, the Court disposed of the intra‑court appeal, granting the appellant liberty to challenge the new order if desired, and also disposed of any pending applications.
Issues considered
- Whether the intra‑court appeal is maintainable after the issuance of a fresh disciplinary order.
- Whether the petitioner was denied a hearing in violation of Rule 43(b) and Rule 139 of the Bihar Pension Rules.
Legislation cited
- Bihar Pension Rules — s. Rule 139, Rule 43(b)
Subjects
- disciplinary proceedings
- pension rules
- Rule 43(b)
- Rule 139
- intra-court appeal
- procedural fairness
- retirement
- writ petition
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1252 of 2024
In
Civil Writ Jurisdiction Case No.1726 of 2023
======================================================
Lalan Ram, aged about 64 years, male, S/o Saryu Ram, R/o village -
Rahathua, Raghunathpur, P.O.- Raghunathpur, P.S.- Raghunathpur, District-
Buxar.
... ... Appellant
Versus
1. The State of Bihar through the Principal Secretary, Panchayati Raj
Department, Bihar, Patna.
2. The District Magistrate, Buxar.
3. The District Development Commissioner, Buxar.
4. The Sub Divisional Officer, Buxar, District - Buxar.
5. The Sub Divisional Officer, Dumraon, District- Buxar.
6. The Land Reforms Deputy Collector, Buxar.
7. The District Panchayati Raj Officer, Buxar, District - Buxar.
8. The Block Development Officer, Rajpur, District- Buxar.
9. The Block Development Officer, District- Buxar.
10. The Block Development Officer, Itarhi District- Buxar.
11. The Accountant General, Bihar, Patna.
... ... Respondents
======================================================
Appearance :
For the Appellant : Mr. Abhash, Advocate
For the Respondents : Mr. Government Advocate (05)
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
7 08-04-2026 Heard learned counsel for the parties.
2. The present intra court appeal has been filed
challenging the order dated 13.11.2024, passed by learned
Single Judge of this Court, in CWJC No.1726 of 2023, whereby
the learned Single Judge had disposed of the writ petition with
Patna High Court L.P.A No.1252 of 2024(7) dt.08-04-2026
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the following observations:-
"10. In view of the above facts and the law laid
down by this Court and the fact that in absence
of any pleading made by the petitioner to the
extent that whether petitioner was given any
opportunity in accordance with the procedure
laid down under Rule 43(b) by the Disciplinary
Authority after his retirement, I do not find to
entertain the writ petition.
11. The petitioner has retired from service, and
therefore, this Court is constrained to remand
back the matter to the disciplinary authority to
examine the facts whether the petitioner was
given any opportunity of hearing and in case
same has not been provided, the disciplinary
authority must hold the disciplinary proceeding
in accordance with law as per the procedure
prescribed under Rule 43(b) and 139 of the
Bihar Pension Rules."
3. Learned counsel for the appellant submits that
during pendency of the present intra Court appeal, the
authorities have passed a fresh order dated 17.05.2025 vide
Memo No.16-1020, which has been brought on record as
'Annexure R/F' to the counter affidavit.
4. In view of the order dated 17.05.2025, the present
intra court appeal has become infructuous. The appellant shall,
however, be at liberty to challenge the said order, if so advised,
Patna High Court L.P.A No.1252 of 2024(7) dt.08-04-2026
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and may raise such grounds as deemed appropriate.
5. With the aforesaid liberty, the present appeal stands
disposed of.
6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J.)
(Shailendra Singh, J.)
Gaurav Kumar/-
U
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