Patna High Court
Rakesh Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
Holding
The Court granted the petitioner liberty to challenge the order dated 26‑11‑2025, subject to the condition that the grievance is not fully redressed.
Summary
Petitioner Rakesh Kumar Jha filed a petition against the State of Bihar seeking liberty to challenge an order dated 26 November 2025 issued by the Additional Chief Secretary, General Administration Department. The petition arose from a prior order of the Court dated 15 February 2024 in CWJC No.608 of 2024, which required the department to pass a reasoned order. The petitioner argued that the order had not fully redressed his grievance and therefore sought permission to contest it. The Court observed that the department had complied with the earlier direction by issuing the reasoned order, but granted the petitioner liberty to challenge the order if it was not satisfactory. Consequently, the Court disposed of the petition, granting the requested liberty.
Issues considered
- What liberty, if any, may be granted to a petitioner to challenge a departmental order issued after compliance with a prior court direction?
Subjects
- writ jurisdiction
- administrative order
- liberty to challenge
- petition disposal
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1201 of 2024
In
Civil Writ Jurisdiction Case No.608 of 2024
======================================================
Rakesh Kumar Jha son of Shri Shiv Kumar Jha, Resident of Village-Divra,
P.S.-Nawhatta, District-Saharsa, Present Address-Vishwanath Kunj, Ambika
Vihar Colony (North Part), P.S.-Rupaspur, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Sri B. Rajendra, Principal Secretary, General
Administration Department, Government of Bihar, Patna.
2. Sri B. Rajendra, The Principal Secretary, General Administration
Department, Government of Bihar, Patna.
3. Sri Md. Sohail, The Additional Chief Secretary, General Administration
Department, Government of Bihar, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate
Mr. Kanishk Kaustubh, Advocate
Ms. Lakshmi Kumari, Advocate
Mr. Rajnish Prakash, Advocate
For the State : Mr. Raghwanand, GA 11
Mr. Prabhat Kumar, AC to GA 11
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
8 13-02-2026 The learned counsel for the opposite parties submits
that in compliance of the order of this Court dated 15.02.2024
passed in CWJC No.608 of 2024, the Additional Chief
Secretary, General Administrative Department, Government of
Bihar, Patna has passed a reasoned order dated 26.11.2025.
2. At this juncture, the learned counsel for the
petitioner seeks liberty on behalf of the petitioner to challenge
the aforesaid order dated 26.11.2025, in case the same has not
Patna High Court MJC No.1201 of 2024(8) dt.13-02-2026
2/2
redressed the grievance of the petitioner fully by taking recourse
to such remedies, as are otherwise available under the law.
Liberty, so sought, is granted.
3. Accordingly, the present petition stands disposed
of.
(Mohit Kumar Shah, J)
GAURAV S./-
U
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