Narad Thakur Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Narad Thakur Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the petitioner to file an appeal before the appropriate appellate authority within four weeks; on filing, the appellate authority to hear and decide the statutory appeal in accordance with law, affording ample opportunity of hearing, within 45 days from the date of filing of the appeal. Merits of the dismissal order and Rule-18 allegation not adjudicated; claim for salary for 14.08.2023 to 18.12.2025 left to the appellate process.

Issue for consideration

Whether the writ application should be entertained despite the availability of an efficacious and alternative remedy of statutory appeal against the dismissal order, which the petitioner had not availed. +1 more

Court's answer

This Court disposed of the writ application with a direction to the petitioner to file an appeal against the dismissal order before the appropriate appellate authority within a period of four weeks from the date of the order.

Ratio / Principle

Upon such appeal being filed within the stipulated time, the appellate authority was directed to hear and decide the statutory appeal filed by the petitioner in accordance with law, affording ample opportunity of hearing to the petitioner.

Key takeaways

The hearing and decision of the statutory appeal was to be completed within a period of 45 days from the date of filing of the appeal.ratio¶para 5

Detailed headnote1 paragraphs

Patna High Court (Praveen Kumar, J), by order dated 02-02-2026, disposed of Civil Writ Jurisdiction Case No.295 of 2026 filed by Narad Thakur challenging his dismissal from service by Order No. 01/2025/2026 dated 18.12.2025 passed by the Executive Officer-cum-Block Development Officer, Nauhatta, Rohtas, alleged to violate Rule-18 of the Bihar Panchayat Elementary School Service Rules 2020, along with a claim for salary for the working period 14.08.2023 to 18.12.2025. Noting the respondents' submission that an efficacious alternative remedy of appeal existed and the petitioner's concession that no appeal had been preferred, the Court declined to adjudicate the Rule-18 question and instead directed the petitioner to file a statutory appeal before the appropriate appellate authority within four weeks, with the appellate authority to hear and decide the appeal in accordance with law, affording ample opportunity of hearing, within 45 days of its filing. No precedent was cited and no monetary amount was determined by this Court.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.295 of 2026

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

Narad Thakur Son of Somaru Thakur, resident of Village- Tiyara Kala, Tiara Kalan, P.S.-Chutia. District- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar through Additional Chief Secretary, Education Department, New Secretariat, Patna.

Director Primary Education, Education Department, New Secretariat, Patna.

District Education Officer, Rohtas.

District Programme Officer (Establishment) Education Department, Rohtas.

Executive Officer-cum-Block Development Officer, Nauhatta, DistrictRohtas.

Block Education Officer, Nauhatta, District- Rohtas.

... ... Respondent/s

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

Appearance :

For the Petitioner/s : Mr. Pratap Sharma, Advocate For the Respondent/s : Mr. Standing Counsel (21) ======================================================

CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER

2 02-02-2026 Heard learned counsel for the parties.

The petitioner has filed this writ application for following relief/s:-

(I) For issuance of an appropriate writ/writs, order/orders, direction/directions for quashing the order No.01/2025-26 dated 18.12.2025 whereby and whereunder by violating the statutory provision as contained in Rule-18 of Bihar Panchayat Elementary School Service Rules 2020 the respondents have dismissed from service to the petitioner and further prayer of the petitioner is for payment of salary to the working period from 14.08.2023 to 18.12.2025 in the light

Patna High Court CWJC No.295 of 2026(2) dt.02-02-2026 2/3

of the State Government decision and for other necessary relief/reliefs on the basis of facts and circumstances of the case.

At the outset, learned counsel for the respondents submits that the petitioner has an efficacious and alternative remedy of appeal against the order impugned herein and without availing the alternate remedy of appeal, the petitioner has approached this Court.

Learned counsel for the petitioner fairly submits that the petitioner has not preferred any appeal against the order under challenge in this writ application. He further submits that he would prefer an appeal against the order No. 01/2025/2026 dated 18.12.2025 passed by the Executive Officer -cum- Block Development Officer, Nauhatta, Rohtas before appropriate authority within a period of four weeks from today.

In view of the submission of the parties, this Court is of the view that this writ application be disposed of with a direction to the petitioner to file an appeal before the appropriate appellate authority within a period of four weeks from today. Upon such appeal being filed within the said stipulated time, the appellate authority shall take all endeavor to hear and decide the statutory appeal filed by the petitioner, in accordance with law, affording ample opportunity of hearing to the petitioner, within

Patna High Court CWJC No.295 of 2026(2) dt.02-02-2026 3/3

a period of 45 days from the date of filing of the appeal.

Accordingly, the writ application stands disposed of

on the aforesaid terms.

(Praveen Kumar, J)

shivam/-

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