Mintu Kumar Nirala Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Mintu Kumar Nirala Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with administrative directions only: petitioner to submit the order sheet, representation and annexures to the District Magistrate, Patna within 30 days; District Magistrate to take a decision within 90 days thereafter. No relief of quashing, reinstatement or monetary benefits granted at this stage.

Issue for consideration

Whether the order dated 22.08.2025 terminating/removing the petitioner from service as Executive Assistant at Circle Office Masaurhi, Patna is liable to be quashed, with reinstatement and monetary benefits. +1 more

Ratio / Principle

The petitioner was directed to place the order sheet before the District Magistrate, Patna (respondent No. 6), along with the representation filed before the Divisional Commissioner, Patna Division, with all annexures, within 30 days.

Key takeaways

Upon receipt thereof, respondent No. 6 (District Magistrate, Patna) was directed to take a decision in the matter of the petitioner within 90 days thereafter.ratio¶¶36

Detailed headnote1 paragraphs

Writ petition (CWJC No.3214 of 2026, decided 10-03-2026) by Mintu Kumar Nirala, terminated/removed from service as Executive Assistant at Circle Office Masaurhi, Patna by order dated 22.08.2025 (memo No. XXIX82/2024 2451) of the District Magistrate, Patna, seeking certiorari, reinstatement and monetary benefits. Counsel submitted that the petitioner's representation (Annexure-P/10, dated 01.12.2025) remained unacted upon despite the Divisional Commissioner, Patna Division's letter dated 09.01.2026 directing the District Magistrate to act; the State contended the petition was premature and sought only a direction. Dr. Anshuman, J. disposed of the petition without adjudicating the merits, directing the petitioner to place the order sheet with the representation and annexures before the District Magistrate, Patna within 30 days, and the District Magistrate to take a decision in the matter within 90 days thereafter.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3214 of 2026

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Mintu Kumar Nirala Son of Mithlesh Prasad, resident of village Shripur, P.S.Ghoshi District- Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

The Bihar Prashasnik Sudhar Mission Society General Administration Department, Government of Bihar, Patna.

The Mission Director, the Bihar Prashasnik Sudhar Mission Society General Administration Department Government of Bihar, Patna.

The Additional Mission Director, the Bihar Prashasnik Sudhar Mission Society General Administration Department, Government of Bihar, Patna.

The Divisional Commissioner, Patna Division, Patna.

The District Magistrate, Patna.

The Additional District Magistrate, Patna.

The Sub-Divisional Officer, Patna.

The Nodal Officer RTPS (Right to Public Service), Circle Office Masaurhi, Patna.

The Officer in charge, Masaurhi, Patna.

The Circle Officer, Masaurhi Block, Patna.

The Block Development Officer, Masaurhi Block, Patna.

... ... Respondent/s

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

Appearance : For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the State : Mr. K.P. Gupta, GP-10 Mr. Satya Vrat, AC to GP-10

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

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

2 10-03-2026 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 for quashing Order

Patna High Court CWJC No.3214 of 2026(2) dt.10-03-2026 2/3

dated 22.08.2025 by which the petitioner has been terminated/removed from service as Executive Assistant at Circle Office Masaurhi, Patna vide memo No. XXIX82/2024 2451 सथा o Patna, Dated 22.08.2025 by District Magistrate, Patna.

(ii) to reinstate the petitioner on the post of Executive Assistant at Circle Office Masaurhi, Patna.

(iii) to grant monetary benefits from the date of termination till reinstatement.

(iv) to grant any other consequential relief / reliefs to which the petitioner may be found entitled to in the facts and circumstances of the case.

Learned counsel for the petitioner submits that the

petitioner has filed a representation before the Divisional Commissioner, Patna Division, Patna which is annexed as Annexure-P/10 on 01.12.2025. He further submits that the petitioner has made a specific pleading in paragraph No. 21 of the petition that, on his representation, the Divisional Commissioner, Patna Division, Patna directed the District Magistrate, Patna to take action in accordance with law vide Letter No. सथा०-XII=03/2025-11 / सथा०, dated 09.01.2026, but no action has been taken till date.

Patna High Court CWJC No.3214 of 2026(2) dt.10-03-2026 3/3

Learned counsel for the State, on the other hand, submits that the case of the petitioner is premature, but at this stage only a direction may be given to the District Magistrate, Patna (respondent No. 6) to proceed in accordance with law.

In light of the submissions made above, the petitioner is hereby directed to place this order sheet before the District Magistrate, Patna (respondent No. 6), along with the said representation filed before the Divisional Commissioner, Patna Division, Patna, with all annexures, within 30 days. Upon receipt thereof, respondent No. 6 is hereby directed to take a decision in the matter of the petitioner within 90 days thereafter.

Accordingly, the present writ petition stands disposed off.

(Dr. Anshuman, J.)

Aman Kumar/-

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