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Lalan Ram v. The State of Bihar

Patna HC8 Apr 2026L.P.A/1252/2024

Case brief

AI extract

What is this about?

Patna High Court, L.P.A No.1252 of 2024 in CWJC No.1726 of 2023, decided 08-04-2026; Lalan Ram v. State of Bihar and others (Panchayati Raj/Buxar district officials and Accountant General); post-retirement disciplinary proceeding, opportunity of hearing, Rule 43(b) and Rule 139 Bihar Pension Rules; appeal held infructuous owing to fresh order dated 17.05.2025 (Memo No.16-1020, Annexure R/F); appellant granted liberty to challenge the fresh order; Bench: Sudhir Singh, J. (author) and Shailendra Singh, J.; counsel: Abhash for appellant, Government Advocate for respondents.

What did the court decide?

Appeal disposed of as infructuous with liberty to the appellant to challenge the fresh order dated 17.05.2025 and raise such grounds as deemed appropriate; pending application(s), if any, also stand disposed of. ¶38

Lalan Ram Vs The State of Bihar — Patna HC (2026) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1252 of 2024 In

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Civil Writ Jurisdiction Case No.1726 of 2023

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Lalan Ram, aged about 64 years, male, S/o Saryu Ram, R/o village - Rahathua, Raghunathpur, P.O.- Raghunathpur, P.S.- Raghunathpur, DistrictBuxar.

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... ... Appellant

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Versus

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The State of Bihar through the Principal Secretary, Panchayati Raj Department, Bihar, Patna.

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The District Magistrate, Buxar.

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The District Development Commissioner, Buxar.

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The Sub Divisional Officer, Buxar, District - Buxar.

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The Sub Divisional Officer, Dumraon, District- Buxar.

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The Land Reforms Deputy Collector, Buxar.

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The District Panchayati Raj Officer, Buxar, District - Buxar.

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The Block Development Officer, Rajpur, District- Buxar.

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The Block Development Officer, District- Buxar.

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The Block Development Officer, Itarhi District- Buxar.

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The Accountant General, Bihar, Patna.

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... ... Respondents

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====================================================== Appearance :

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For the Appellant : Mr. Abhash, Advocate For the Respondents : Mr. Government Advocate (05)

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and

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HONOURABLE MR. JUSTICE SHAILENDRA SINGH

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ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

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7 08-04-2026

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Heard learned counsel for the parties.

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The present intra court appeal has been filed

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challenging the order dated 13.11.2024, passed by learned Single Judge of this Court, in CWJC No.1726 of 2023, whereby the learned Single Judge had disposed of the writ petition with

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Patna High Court L.P.A No.1252 of 2024(7) dt.08-04-2026 2/3

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the following observations:-

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"10. In view of the above facts and the law laid down by this Court and the fact that in absence of any pleading made by the petitioner to the extent that whether petitioner was given any opportunity in accordance with the procedure laid down under Rule 43(b) by the Disciplinary Authority after his retirement, I do not find to entertain the writ petition.

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11. The petitioner has retired from service, and therefore, this Court is constrained to remand back the matter to the disciplinary authority to examine the facts whether the petitioner was given any opportunity of hearing and in case same has not been provided, the disciplinary authority must hold the disciplinary proceeding in accordance with law as per the procedure prescribed under Rule 43(b) and 139 of the Bihar Pension Rules."

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Learned counsel for the appellant submits that during pendency of the present intra Court appeal, the authorities have passed a fresh order dated 17.05.2025 vide Memo No.16-1020, which has been brought on record as 'Annexure R/F' to the counter affidavit.

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In view of the order dated 17.05.2025, the present intra court appeal has become infructuous. The appellant shall, however, be at liberty to challenge the said order, if so advised,

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Patna High Court L.P.A No.1252 of 2024(7) dt.08-04-2026 3/3

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and may raise such grounds as deemed appropriate.

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