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Patna High Court

Imtiyaj BhartiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The intra‑court appeal is dismissed as the appellant relinquished his right to challenge the termination order by not pressing the writ petition.

Summary

The appellant, Imtiyaj Bharti, was appointed under a scheme but his services were terminated by Memo No.1958 dated 07.08.2019. He challenged the termination through a departmental appeal, which was dismissed, and then filed a writ petition (C.W.J.C. No.14328 of 2021) seeking relief. The Single Judge dismissed the writ petition on the ground that the appellant had not pressed the substantive challenge and granted him liberty to pursue alternative remedies. The appellant subsequently filed an intra‑court appeal contesting that dismissal, alleging violation of natural justice in the termination process. The High Court held that because the appellant voluntarily withdrew and did not press the writ petition, he relinquished his right to challenge the order and therefore the intra‑court appeal could not be entertained. The appeal was dismissed, with the court reiterating that the appellant remains free to seek other remedies as previously permitted.

Issues considered

  • Can a party who voluntarily withdraws or does not press a writ petition later challenge the order passed on his own request through an intra‑court appeal?
  • Does the alleged violation of natural justice in the termination order become irrelevant when the writ petition was not pressed?

Subjects

  • natural justice
  • intra‑court appeal
  • writ petition
  • withdrawal of proceedings
  • administrative termination
  • alternative remedy

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Letters Patent Appeal No.159 of 2024
                                                       In
                                Civil Writ Jurisdiction Case No.14328 of 2021
                 ======================================================
                 Imtiyaj Bharti Son of Md. Salim Resident of Village and P.O.- Bazidpur,
                 Police Station- Vidyapati Nagar, District- Samastipur.

                                                                              ... ... Appellant
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Rural Development
                 Department, Government of Bihar, Patna.
           2.    The District Collector, Samastipur.
           3.    The Deputy Development Commissioner, Samastipur.
           4.    The Sub-Divisional Officer, Dalsinghsarai, District- Samastipur.
           5.    The Block Development Officer, Block- Dalsinghsarai, District- Samastipur.
           6.    The Block Development Officer, Mohiuddin Nagar, District- Samastipur.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Appellant     :       Mr. Lakshmindra Kumar Yadav, Advocate
                 For the Respondents   :       Mr. Additional Advocate General-4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                            and
                         HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
                                       ORAL ORDER

                         (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2   06-07-2026                 Heard learned counsel for the parties.

                               2. The present intra court appeal has been preferred

                   against the order dated 18.01.2024 passed by the learned Single

                   Judge in C.W.J.C. No.14328 of 2021, whereby the writ petition

                   preferred by the appellant came to be dismissed.

                               3. The brief facts of the present case are that the

                   appellant was duly appointed under a Scheme. Subsequently,

                   Memo No.1958 dated 07.08.2019 came to be passed, whereby
Patna High Court L.P.A No.159 of 2024(2) dt.06-07-2026
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          the services of the appellant were terminated. Aggrieved by the

          order of termination, the appellant preferred a departmental

          appeal before the Collector. The said appeal was dismissed by

          order dated 07.04.2021. Challenging the aforesaid orders of

          termination and dismissal of the departmental appeal, the

          appellant invoked the writ jurisdiction of the High Court by

          filing C.W.J.C. No. 14328 of 2021.

                       4. The learned Single Judge while deciding the matter,

          observed as follows:

                                        “2. At the outset, the learned counsel for
                                        the petitioner seeks not to press the
                                        present writ petition, however, seeks
                                        liberty on behalf of the petitioner to avail
                                        such other alternative remedies as are
                                        otherwise available under the law,
                                        including that of filing a civil suit before
                                        the learned Civil Court having competent
                                        jurisdiction, for redressal of his aforesaid
                                        grievances. Liberty so sought is granted.
                                        3. The writ petition stands dismissed as
                                        not pressed.”



                       5. Learned counsel for the appellant submits that the

          impugned order of termination is vitiated by violation of the

          principles of natural justice. It was contended that the appellant

          was not afforded a fair and effective opportunity of hearing
Patna High Court L.P.A No.159 of 2024(2) dt.06-07-2026
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          before his services were terminated. It was further submitted

          that the allegations had already been found to be baseless in two

          earlier inquiry reports, yet the respondents proceeded to

          terminate the appellant’s services without due process.

                       6. Per contra, learned counsel for the respondents

          submits that no interference with the impugned judgment of the

          learned Single Judge is called for. It is contended that, before

          the learned Single Judge, the appellant did not press the

          challenge to the order of termination. Having abandoned the

          substantive challenge before the learned Writ Court, the

          appellant cannot now be permitted to assail the impugned

          judgment in the present appeal.

                       7. It is a settled principle of law that a litigant who

          voluntarily withdraws or does not press a proceeding cannot

          subsequently challenge the very order passed on the basis of his

          own request. The appellant, having consciously elected not to

          invite an adjudication on the merits of the writ petition and

          having accepted the liberty granted by the learned Single Judge,

          cannot now seek to assail the said order in an intra-court appeal.

                       8. In view of the nature of the impugned order, since

          the appellant did not press the writ petition before the learned

          Writ Court, he consciously relinquished his right to challenge
Patna High Court L.P.A No.159 of 2024(2) dt.06-07-2026
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          the order of termination adjudicated in the writ proceedings.

          Significantly, while preferring the present intra-court appeal, the

          appellant has not offered any plausible explanation as to why

          the writ petition was not pressed before the learned Single

          Judge. It is also not a case where the appellant had approached

          an incorrect forum and withdrew the writ petition to pursue an

          appropriate statutory or alternative remedy. Rather, the present

          appeal seeks to question an order passed entirely on the

          appellant's own request.

                       9. In such circumstances, the appellant cannot be

          permitted to challenge the very order which embodies the relief

          sought by him before the learned Single Judge. Entertaining the

          present appeal would amount to permitting the appellant to

          approbate and reprobate, a course impermissible in law.

                       10. In view of the foregoing discussion and the

          findings recorded on the issues hereinabove, this Court is of the

          view that the impugned judgment and order passed by the

          learned Single Judge does not warrant any interference in

          exercise of the intra court appellate jurisdiction.

                       11. Accordingly, the present intra court appeal stands

          dismissed.

                       12. It is, however, clarified that the appellant shall be
          Patna High Court L.P.A No.159 of 2024(2) dt.06-07-2026
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                    at liberty to avail such other remedy as may be available to him

                    in law for redressal of his grievances, in terms of the liberty

                    granted by the learned Single Judge. If so advised, the appellant

                    may submit a representation before the competent authority,

                    which shall be considered in accordance with law.

                                 13. Pending application(s), if any, shall also stand

                    disposed of.


                                                             (Sudhir Singh, J.)


                                                          (Ranjan Kumar Jha, J.)

sujit/-

U


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