Skip to content

The research platform for Indian law — judgements, legislation and the citations between them. Free to search, with the original document behind every result.

A product of LawSathi.

Research

Search Legislation Research tools

Browse

Courts Case types Topics Most-cited judgements Sources

LawSathi

Practice platform Blog

© 2026 LawSathiTerms PrivacyResearch aid, not the official record.

Ashraf Alam Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Home
Patna HC
2025
Ashraf Alam Vs The State of BiharAshraf Alam v. The State of Bihar

Dismissed¶37

Ashraf Alam v. The State of Bihar

Patna HC28 Jan 2025L.P.A/1189/2023

Case brief

AI extract

What is this about?

Letters Patent Appeal L.P.A No.1189 of 2023, Patna High Court, decided 28-01-2025 by Ashutosh Kumar, Acting Chief Justice (author), with Partha Sarthy, J. Appellant Ashraf Alam (West Champaran/Bettiah); respondents include State of Bihar, Secretary Rural Development Department, Special Work Officer Rural Works Department, District Magistrate West Champaran, Deputy Development Commissioner West Champaran; counsel Gautam Kumar Yadav (appellant) and Anjani Kumar, AAG-4 (State). Subject terms: Gramin Awas Sahayak; District Rural Development Authority scheme appointment; removal order 04.06.2018 after show cause notice; appellate affirmation by Secretary 06.03.2020; alleged dispensation without enquiry; reply to show cause notice allegedly not considered; three-year delay in filing C.W.J.C. No. 4313 of 2023; Single Judge order 04.09.2023 not sustaining challenge; Division Bench non-interference and dismissal of appeal. Useful for searches on removal/termination of scheme-based Gramin Awas Sahayak engagements, delay in challenging departmental orders, and affirmations by the Rural Development Department, Bihar.

What did the court decide?

None; the learned Single Judge's order dated 04.09.2023 was found self-explanatory and left undisturbed. ¶37

Why is it important?

Taking note that the appellant approached the Court only after three years of the appellate order, and there being nothing on record to assail the order of removal and its affirmation, this Court upheld the learned Single Judge's order of 04.09.2023 by which the appellant's challenge was not sustained. ¶32

What the court decided

AI extract

Outcome

None; the learned Single Judge's order dated 04.09.2023 was found self-explanatory and left undisturbed.

Issue for consideration

Whether the services of the appellant, a Gramin Awas Sahayak, were dispensed with without an enquiry. +2 more

Ratio / Principle

Taking note that the appellant approached the Court only after three years of the appellate order, and there being nothing on record to assail the order of removal and its affirmation, this Court upheld the learned Single Judge's order of 04.09.2023 by which the appellant's challenge was not sustained.

Key takeaways

The order passed by the learned Single Judge is self-explanatory and does not require any interference.ratio¶35
This appeal has no merit and it is dismissed.ratio¶37

Detailed headnote1 paragraphs

PATNA HIGH COURT (Ashutosh Kumar, Acting Chief Justice and Partha Sarthy, JJ), Oral Judgment dated 28-01-2025 — Letters Patent Appeal No.1189 of 2023 arising out of Civil Writ Jurisdiction Case No.4313 of 2023 — DISMISSED. The appellant, Ashraf Alam, employed as a Gramin Awas Sahayak under a scheme of the District Rural Development Authority, was removed by order dated 04.06.2018, passed after a show cause notice, and the removal was affirmed by the Secretary, Rural Development Department (Appellate Authority) on 06.03.2020. His contentions that the services were dispensed with without an enquiry and that his reply to the show cause notice was never considered in correct perspective did not avail: the learned Single Judge, noting that the appellant came to the Court only after three years of the appellate order and that there was nothing on record to assail the removal and its affirmation, did not sustain the challenge by order dated 04.09.2023. The Division Bench found the Single Judge's order self-explanatory, requiring no interference, held the appeal devoid of merit and dismissed it. No statute or precedent was cited. NAFR.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1189 of 2023 In

Civil Writ Jurisdiction Case No.4313 of 2023

======================================================

Ashraf Alam, Son of Late Nasarat Alam, r/o village- Madhopur, P.S. - Gaunaha, District West Champaran (Bettiah).

... ... Appellant/s

Versus

The State of Bihar through the Secretary, Rural Development Dept. Govt. of Bihar Patna.

The Secretary, Rural Development Dept, Govt. of Bihar Patna.

The Special Work Officer, Rural Works Department Government of Bihar Patna.

The District Magistrate, West Champaran (Bettiah)

The Deputy Development Commissioner, West Champaran.

... ... Respondent/s

======================================================

Appearance :

For the Appellant/s For the Respondent/s

: Mr. Gautam Kumar Yadav, Advocate : Mr. Anjani Kumar, AAG-4

====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 28-01-2025

We have heard Mr. Gautam Kumar Yadav, the

learned Advocate for the appellant and Mr. Anjani Kumar,

the learned AAG-4 for the State.

The services of the appellant, who was a

Gramin Awas Sahayak, was dispensed with without an enquiry. This was the contention of the appellant before

the learned Single Judge.

Patna High Court L.P.A No.1189 of 2023 dt.28-01-2025 2/3

The learned Single Judge took note of the

fact that his employment was under a scheme of the

District Rural Development Authority. The order of removal dated 04.06.2018 was affirmed by the Secretary of the Department on 06.03.2020. The orders were passed after issuing show cause notice to the appellant.

The contention of the appellant herein that pursuant to the show cause notice, the response filed by the appellant was never considered in correct perspective.

We take note of the fact that after three years of the order passed by the Appellate Authority, viz. the Secretary of the Department, the appellant has chosen to come to this Court vide C.W.J.C. No. 4313 of 2023.

For the aforenoted reason as also for the

reason of there being nothing on record to assail the order of removal and its affirmation, the challenge of the appellant was not sustained by order dated 04.09.2023 which has been challenged in this appeal.

Patna High Court L.P.A No.1189 of 2023 dt.28-01-2025 3/3

The order passed by the learned Single

Judge is self-explanatory and does not require any

interference.

This appeal has no merit and it is dismissed.

(Ashutosh Kumar, ACJ)

(Partha Sarthy, J)

Saurabh/Rajesh

AFR/NAFR NAFR CAV DATE NA Uploading Date 29.01.2025 Transmission Date

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether the services of the appellant, a Gramin Awas Sahayak, were dispensed with without an enquiry.¶23
2.
Whether, pursuant to the show cause notice, the appellant's response was never considered in correct perspective.¶29
3.
Whether the appellant's challenge to the order of removal and its affirmation could be sustained, given the three-year delay in approaching the Court and nothing on record to assail the orders.medium confidence¶32
The court held
Taking note that the appellant approached the Court only after three years of the appellate order, and there being nothing on record to assail the order of removal and its affirmation, this Court upheld the learned Single Judge's order of 04.09.2023 by which the appellant's challenge was not sustained.ratio¶32

Procedural history

How this case reached the court

AI extract

Order under challenge
Order of the learned Single Judge dated 04.09.2023 by which the appellant's challenge in C.W.J.C. No. 4313 of 2023 was not sustained; challenged in this Letters Patent Appeal.¶32
Learned Single Judge, High Court of Judicature at Patna · 04.09.2023
Prior proceeding
The present Letters Patent Appeal arises out of Civil Writ Jurisdiction Case No.4313 of 2023.¶2
Prior proceeding
Appellant, a Gramin Awas Sahayak, contended before the learned Single Judge that his services were dispensed with without an enquiry.¶23
Prior proceeding
His employment was under a scheme of the District Rural Development Authority; the order of removal dated 04.06.2018 was affirmed by the Secretary of the Department on 06.03.2020.¶28
Prior proceeding
The orders of removal and its affirmation were passed after issuing a show cause notice to the appellant.¶28
Prior proceeding
Appellant further contended that pursuant to the show cause notice, his response was never considered in correct perspective.¶29
Prior proceeding
After about three years from the order of the Appellate Authority (the Secretary of the Department), the appellant approached this Court vide C.W.J.C. No. 4313 of 2023.¶30
Prior proceeding
The learned Single Judge did not sustain the appellant's challenge by order dated 04.09.2023.¶32

Parties & counsel

AI extract

appellant
Ashraf Alam, Son of Late Nasarat Alam¶4
Gautam Kumar Yadav
respondent
The State of Bihar through the Secretary, Rural Development Dept., Govt. of Bihar, Patna¶7
Anjani Kumar
respondent
The Secretary, Rural Development Dept., Govt. of Bihar, Patna¶8
Anjani Kumar
respondent
The Special Work Officer, Rural Works Department, Government of Bihar, Patna¶9
Anjani Kumar
respondent
The District Magistrate, West Champaran (Bettiah)¶10
Anjani Kumar
respondent
The Deputy Development Commissioner, West Champaran¶11
Anjani Kumar

Coram

AI extract

Ashutosh Kumarauthor¶38
Partha Sarthymember¶39

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 28 Jan 2025 · January
Registered: 7 Oct 2023
Case no.: L.P.A/1189/2023
CNR: BRHC010994702023
Bench: Ashutosh Kumar Partha Sarthy
Disposal: DISMISSED
Case type: Letters Patent Appeal

Similar cases

Judgements on the same questions, provisions and authorities, from every court

Finding judgements on the same questions…

More from Ashutosh Kumar Partha Sarthy

Ram Ganesh Das Vs The State of Bihar
27 Jan 2025
The State of Bihar through the Principal Secretary, Minor Water Resources Department Vs Ram Sagar Pathak
27 Jan 2025
The State of Bihar Vs Pradeep Kumar
27 Jan 2025
M/s Jai Mata Di Construction Co. Vs The Union of India
28 Jan 2025
Randhir Kumar Bharti Vs The State of Bihar
28 Jan 2025
Madhusudan Thakur Vs Azhar Ali @ Ajhar Ali
28 Jan 2025

Cite this judgement

Ashraf Alam v. The State of Bihar, L.P.A/1189/2023 (PAT), decided on 28 January 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history8

Order of the learned Single Judge dated 04.09.2023 by which the appellant's challenge in C.W.J.C. No. 4313 of 2023 was not sustained; challenged in this Letters Patent Appeal.Learned Single Judge, High Court of Judicature at Patna · 04.09.2023
The present Letters Patent Appeal arises out of Civil Writ Jurisdiction Case No.4313 of 2023.
Appellant, a Gramin Awas Sahayak, contended before the learned Single Judge that his services were dispensed with without an enquiry.

View full history

Bench / Coram

Ashutosh Kumar and Partha Sarthy

Parties & counsel