Patna High Court
Raj Kishor MandalversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
The appellate court upheld the Single Judge’s finding that the resignations were voluntary and dismissed the appeal.
Summary
The appellants, former Assistant Teachers appointed in 2010, filed a writ seeking reinstatement after being compelled to resign following an inquiry into the authenticity of their educational certificates. The Single Judge dismissed the writ, holding that the resignations were voluntarily submitted and accepted, and found no merit in the claim of coercion. On appeal, the appellants argued that the resignations were obtained under threat and that the lower court erred by not considering this. The appellate bench examined the record and noted that allegations of threat were raised only in a later supplementary affidavit, not in the original petition, thereby weakening the claim. It concluded that the resignations were indeed voluntary, and no legal right to reinstatement existed. Consequently, the appellate court affirmed the Single Judge’s decision and dismissed the intra‑court appeal.
Issues considered
- Whether the Single Judge's judgment is affected by any illegality, infirmity or perversity warranting interference.
- Whether the resignations of the appellants were made voluntarily or under threat/coercion.
- Whether the appellants are entitled to reinstatement after voluntarily tendering and having their resignations accepted.
Subjects
- reinstatement
- voluntary resignation
- coercion
- intra-court appeal
- civil writ jurisdiction
- government employees
- educational certificates
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.422 of 2024
In
Civil Writ Jurisdiction Case No.13156 of 2015
======================================================
1. Raj Kishor Mandal S/o Late Roshan Lal Mandal @ Roshan Mandal
Resident of Village- Sarapur, P.S. Kursakanta, District- Araria.
2. Kanhaiya, S/o- Padma Nand Jha Resident of village- Kothapur, P.S.
Kursakanta, District- Araria.
3. Vikash Kumar Sukla, S/o Jiwa Nand Sukla Resident of Village- Sijwa, P.S.
Kursakanta, District- Araria.
4. Kumari Ranjana, D/o Sri Umesh Chandra Singh Resident of Village-
Khuthara, P.S. Kursakanta, District- Araria
5. Raj Kumar Sah, S/o Dukhi Prasad Sah Resident of Rajoula, P.S. Godan,
District- Araria.
6. Diwakar Kumar Sah, S/o Jagdish Sah Resident of Village- Madhubani, P.S.
Kuwari, District- Araria.
7. Ram Narain Singh, S/o Sri Ganesh Lal Singh Resident of Village-
Shishawari, P.S. Kursakanta, District- Araria.
8. Abdul Rasid, S/o Md. Abid Hussain resident of village- Gariya, P.S.
Kursakanta, District- Araria.
9. Gauri Kumari, D/o Dukhai Prasad Sah Resident of Village- Rajamla, P.S.
Godam, District- Araria.
... ... Appellant/s
Versus
1. The State of Bihar through Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Human Resources Department, Govt. of Bihar,
Patna.
3. The District Magistrate, Araria.
4. The District Education Officer, Araria.
5. The District Superintendent of Education, Araria.
6. The Block Education Officer-cum-Member Secretary, Block Shikshak
Appointment Committee, Block- Kursaknanta, District- Araria.
7. The Block Development Officer, Kursakanta Block, District- Araria.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Vijay Kishore Bharti, Advocate
For the Respondent/s : Mr. Additional Advocate General 13
======================================================
Patna High Court L.P.A No.422 of 2024 dt.05-02-2026
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
Date : 05-02-2026
Heard learned counsels for the parties.
Re: I.A. No. 01 of 2024
2. Learned counsel for the appellants presses I.A. No.
01 of 2024 for condoning the delay of 42 days in preferring this
appeal.
3. For the reasons stated in the application, the delay
in preferring this appeal is condoned.
4. I.A. No. 01 of 2024 stands allowed.
Re: L.P.A No.422 of 2024
5. The present intra court appeal has been preferred
by the appellants against the judgment dated 06.02.2024 passed
by the learned Single Judge in C.W.J.C. No.13156 of 2015,
whereby the writ petition filed by the appellants was dismissed.
6. In the writ application, the appellants/petitioners
had sought the following reliefs:-
"That this writ application is being filed for
issuance of appropriate writ/s, order/s or
direction/s commanding upon the
respondents to reinstate the petitioners on
the post of Assistant Teachers(Physical) in
Patna High Court L.P.A No.422 of 2024 dt.05-02-2026
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Kurshakanta Block."
7. The brief facts giving rise to the present appeal are
that pursuant to an advertisement published in the Hindi daily
newspaper “Hindustan” in the year 2008, the appellants applied
for appointment on the post of Assistant Teachers (Physical). A
merit-list was prepared by the competent authority and the
appellants were selected and appointed. Accordingly, they
joined their respective posts on 12.08.2010. The joining letters
have been brought on record as Annexure-3 series to the writ
application. Upon joining, the appellants were directed to
produce their educational certificates, and thereafter, the
appellants discharged their duties. The appellants were also
deputed for training conducted by the Prakhand Sansadhan
Kendra, Araria. After about five years, the Education
Department, Government of Bihar initiated an inquiry pursuant
to directions of the Hon’ble High Court regarding the
genuineness of educational certificates and directed the
concerned teachers to resign voluntarily and immediately,
failing which recovery of the entire salary would be made.
Pursuant to this the appellants submitted their resignation to the
Block Development Officer-cum-Secretary, Teachers
Employment Committee, Kursakanta.
Patna High Court L.P.A No.422 of 2024 dt.05-02-2026
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8. Learned counsel for the appellants submits that
learned Single Judge erred in overlooking the fact that the
joining of the appellants was duly accepted by the respondent
authorities after verification of their educational certificates.
After joining, the appellants discharged their duties to the
satisfaction of the respondent authorities and there were no
complaints regarding their performance or conduct. It is further
submitted that the appellants were compelled to tender their
resignations under threat of recovery of salary and initiation of
criminal proceedings, and despite applications being made for
withdrawal of resignation, no steps were taken by the
respondents. Learned counsel for the appellants also points out
that some of the appellants are at the verge of retirement and are
rendered ineligible for alternative government employment, and
therefore impugned judgment is erroneous in law and on facts
and calls for interference by this Court.
9. Learned counsel for the respondents submits that
the judgment passed by the learned Single Judge is legal,
reasoned and based on due consideration of the facts and
materials available on record, and does not suffer from any
illegality, infirmity or perversity. It is submitted that mere
dissatisfaction with the conclusions drawn by the learned Single
Patna High Court L.P.A No.422 of 2024 dt.05-02-2026
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Judge cannot be a ground for interference.
10. The learned Single Judge, upon due consideration
of the pleadings and materials available on record, has observed
as under:
8. It was consequent thereto that the petitioners
herein submitted their resignations and which was
accepted.
9. So far as the contention of the petitioners that
the resignations were submitted under threat and
coercion by the Block Education Officer,
Kursakanta, of lodging FIRs against the
petitioners is concerned and that the petitioners on
the very date of their submitting the resignations
had also filed a letter dated 9.7.2015 (Annexure-
12) for withdrawal of the same, it is observed that
so far as the writ application is concerned, there is
no statement in the same that the resignations
were submitted under threat and coercion by any
authority. It was more than three years of filing the
writ application that by filing a second
supplementary affidavit on behalf of the
petitioners on 13.12.2018 that this stand has been
taken by the petitioners for the first time and a
letter of withdrawal which was purportedly
received by the authority on 9.7.2015 has been
brought on record. The said receipt which is an
illegible initial of a signature does not inspire
confidence of the Court.
10. It would also be relevant to take note of the
fact that much prior to filing of the supplementary
affidavit, as pointed out by learned counsel for the
respondents, that the petitioners filed a
representation on 25.10.2016 (Annexure-9)
praying for withdrawal of their resignation and
there was no statement with respect to threat or
coercion by any of the authority even therein. It
was clearly stated that it was consequent to the
order of the High Court that the resignation letters
were submitted in hurry.
11. In view of the facts and circumstances stated
herein above, the Court comes to the conclusion
Patna High Court L.P.A No.422 of 2024 dt.05-02-2026
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that the petitioners had voluntarily and
consciously submitted their resignation and the
same having been accepted, there is no error in
the same. The Court finds no merit in the writ
application and the same is dismissed.”
11. The limited issue that arises for consideration
before this Court is whether the judgment dated 06.02.2024
passed by the learned Single Judge in C.W.J.C. No. 13156 of
2015 suffers from any illegality, infirmity or perversity
warranting interference by this Court in exercise of its intra-
court appellate jurisdiction.
12. We have heard learned counsel for the parties and
have perused the impugned judgment passed by the learned
Single Judge as well as the materials available on record. On
consideration of the same, we find that the learned Single Judge
has examined the factual matrix in detail and has arrived on the
findings after due appreciation of the pleadings, documents and
conduct of the appellants.
13. At the outset, this Court is conscious of the limited
scope of interference in an intra-court appeal. Unless the
findings recorded by the learned Single Judge are shown to be
vitiated by patent illegality, infirmity or perversity on the face of
the record, interference by this Court is not warranted merely
because an alternative view is possible.
14. In the present case, the principal contention
Patna High Court L.P.A No.422 of 2024 dt.05-02-2026
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advanced on behalf of the appellants revolves around the
allegation that their resignations were obtained under threat and
coercion and that they had sought withdrawal of the same.
However, upon independent scrutiny of the record, we find that
the learned Single Judge has correctly noted that no such plea of
threat or coercion was taken in the original writ application. The
said allegation was raised for the first time after a considerable
lapse of time by way of a supplementary affidavit, which
substantially weakens the credibility of the claim.
15. This Court also finds substance in the reasoning of
the learned Single Judge that even in the representation
submitted earlier by the appellants seeking withdrawal of
resignation, there was no allegation of threat or coercion and, on
the contrary, it was stated that the resignations were submitted in
haste pursuant to the orders of the High Court. Such conduct of
the appellants, viewed cumulatively, supports the conclusion
that the resignations were tendered voluntarily and consciously.
16. Further, this Court is of the considered view that
once the resignations were voluntarily submitted and duly
accepted by the competent authority, the appellants cannot claim
reinstatement as a matter of right. The findings recorded by the
learned Single Judge are based on appreciation of relevant
Patna High Court L.P.A No.422 of 2024 dt.05-02-2026
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documents and surrounding circumstances.
17. In view of the aforesaid discussion, and having
independently examined the matter within the confines of intra-
court appellate jurisdiction, we are in complete agreement with
the conclusions arrived at by the learned Single Judge. This
Court does not find any infirmity, illegality or perversity in the
impugned judgment dated 06.02.2024 passed in C.W.J.C. No.
13156 of 2015.
18. Accordingly, the present intra court appeal being
devoid of merit, stands dismissed.
19. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Rajesh Kumar Verma, J)
Suruchi/Rajesh/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.02.2026
Transmission Date NA
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