Arbind Kumar Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

Arbind Kumar Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to prefer a statutory appeal under Rules 23 and 24 of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 within 30 days, with delay in filing condoned and the appeal to be decided within four months of filing.

Issue for consideration

Whether the order of punishment dated 30.09.2016 contained in notification no. 5162 should be quashed by a writ in the nature of certiorari. +1 more

Ratio / Principle

Upon perusal of the order under challenge, the Court found it to be an appealable order.

Key takeaways

Since the challenged order is appealable, the present writ petition stands disposed off, and although the period for filing the appeal has lapsed, the petitioner is granted liberty to prefer an appeal within 30 days.ratio¶21
Any delay in filing the appeal is directed to be condoned, the Appellate Authority taking into consideration that due to the pendency of the writ petition the appeal could not be preferred earlier.ratio¶22
The appeal shall be decided within a period of four months from the date of its filing.

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J.), Oral Order dated 05-08-2025 in CWJC No.1059 of 2017: The petitioner, punished by the Disciplinary Authority's order dated 30.09.2016 (notification no. 5162) imposing withholding of two annual increments without cumulative effect under Rule 14(v) of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005, had moved the High Court directly for quashing the order. The State raised a preliminary objection that a statutory appeal lies under Rules 23 and 24 of the said Rules. Finding the order under challenge to be appealable, the Court disposed of the writ petition, granting liberty to file the appeal within 30 days despite lapse of the limitation period, directing condonation of any delay on account of the writ petition's pendency, and requiring the Appellate Authority to decide the appeal within four months of filing.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1059 of 2017

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

Arbind Kumar Son of Late Natho Prasad Singh, Resident of Village and POBakhtiyarpur, Police Station- Bakhtiyarpur, District- Patna.

... ... Petitioner/s

Versus

The State Of Bihar and Ors

The Disciplinary Authority cum Special Secretary, Registration, Excise and Prohibition Department,

The Collector, Vaishali, Hajipur.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Mritunjay Kumar, Advocate For the Respondent/s : Mr. Nalin Vilochan Tiwary, AC to GA- 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

6 05-08-2025

Heard learned counsel for the petitioner and learned

counsel for the State.

The present writ petition has been filed for the

following reliefs:-

i) For issuance of writ in the nature of certiorari or any other appropriate writ for quashing the order of punishment dated 30.09.2016 contained in notification no. 5162, whereby a minor penalty of withholding of two annual increments without cumulative effect under Rule 14(v) of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 has been imposed on the petitioner.

ii) For issuance of any other appropriate writ, order or direction which your Lordships may deem fit and proper in the facts and circumstances of the case.

Patna High Court CWJC No.1059 of 2017(6) dt.05-08-2025 2/2

Learned counsel for the State raised preliminary objection and submits that the order passed by the Disciplinary Authority has been challenged directly before this Hon’ble Court, despite the fact that a statutory appeal lies against the said order under Rules 23 and 24 of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005.

It transpires to this Court, upon perusal of the order under challenge, that it is an appealable order.

Accordingly, the present writ petition stands disposed off, though the period for filing the appeal has lapsed, this Court hereby grants liberty to the petitioner to prefer an appeal within 30 days from today.

It is made clear that any delay in filing the appeal is hereby directed to be condoned. The Appellate Authority shall be taken into consideration that, due to the pendency of the writ petition, the appeal could not be preferred earlier. The appeal shall be decided within a period of four months from the date of its filing.

(Dr. Anshuman, J.)

Aman Kumar/- U