A daily wager whose appointment was cancelled in 1998 sought reinstatement through a third writ petition, relying on an internal representation and a co-worker's review order. The court held the petition effectively sought review of two final orders and dismissed it without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1456 of 2022
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Arvind Kumar (No.1) Son of Sri Ramashraya Singh, Resident of Village and P.O. - Ajgara, P.S. - Bhadaur, District - Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr. Manoj Kr. Ambastha, SC- 26 Mr. Santosh Kumar Mishra, AC to SC- 26
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT
Date : 25-06-2026
Heard learned counsel for the parties.
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the following relief(s):
“ That this is an application for issuance of writ of certiorari for quashing of the order as contained in Memo No.6232 (S) Patna dated 27.10.2020 (Annexure-13) and order dated 12.02.2021 (Annexure-15) passed by Respondent No.3 and 6 respectively by which the reinstatement/ absorption of the petitioner has been denied/ refused in very illegal and erroneous manner even though several junior to the petitioner namely Barmeshwar Prasad and Mr. Ashok Kumar Sharma attained permanent status in department and Sattan Das reinstated in service by the order of this Hon'ble court passed in Civil Review No.378 of 2018 dated 03.04.2019 (Annexure11) and further to allow this writ application in light of order passed in Civil Review No.378 of 2018 dated 03.04.2019. And if any other relief/reliefs for which petitioner is entitled for in the facts and
Patna High Court CWJC No.1456 of 2022 dt.25-06-2026 3/7
circumstances of the case. And also be pleased to allow the petitioner to reinstate in service with all consequential benefit with retrospective effect date back from the date of cancellation of service. ”
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this Court wherein an order dated 3.4.2019 was passed and ultimately relief was granted to him. It is submitted that the case of the petitioner stands on a better footing to that of the said Sattan Das and in view thereof together with the liberty granted to the petitioner by order dated 22.1.2002 to pursue the matter internally, the petitioner be granted the relief as prayed for in the instant application.
“ Heard counsel for the parties.
The order impugned as contained in Annexure-5 dated 23.10.1998 is under challenge whereby and whereunder appointment of the petitioner has been cancelled.
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Learned counsel for the petitioner submits that the petitioner was a regular employee and in no way he could have been terminated without following the principles of natural justice.
Ex facie, it appears from Annexure-5 that the petitioner was terminated on 23.10.1998 and the matter has come up before this Court in 2002.
In this view of the matter, this application is liable to be dismissed on the ground of delay and laches. It is, accordingly, dismissed. However, the petitioner, if so advised, may pursue the matter internally. ”
termination passed in the year 1998 by filing another writ application being C.W.J.C. no. 408 of 2013. The same came to be dismissed by order dated 10.1.2013 (Annexure-8) on the ground of delay and latches.
“ Having heard counsel for the parties this Court is
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constrained to hold the writ application to be barred by the principles of laches and delay, inasmuch as, the order of termination of the petitioner passed in the year 1998 has been sought to be assailed after a period of 15 years by filing this writ application on 07.01.2013.
That being so, this application is dismissed on the ground of delay and laches. ”
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application and the same is dismissed.
impose heavy costs on the petitioner, the same is not being done only for the reason that the petitioner appears to be a daily wager.
(Partha Sarthy, J)
sauravkrsinha/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 25.6.2026 |
| Transmission Date | NA |
1 issue framed by the court
Whether a third writ petition seeking reinstatement after two earlier dismissals for delay and laches is maintainable.
Arvind Kumar (No.1)
The State of Bihar through the Principal Secretary, Road Construction Department, Government of Bihar, Patna
The Principal Secretary, Road Construction Department, Government of Bihar, Patna
The Deputy Secretary, Road Construction Department, Government of Bihar, Patna
The Engineer-in-Chief, Road Construction Department, Government of Bihar, Patna
The Chief Engineer (Monitoring), Road Construction Department, Government of Bihar, Patna
Partha Sarthy
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
