Dismissed¶27

Md. Maksud Ansari v. The State of Bihar

Patna HC19 Jan 2026CWJC/585/2026

Case brief

AI extract

What is this about?

Premature writ petition dismissed as not maintainable — no adverse order yet passed; challenge to show cause notice for termination (Letter No. 4449 dated 15.12.2025) issued by District Programme Officer (Establishment), Nawada (respondent no. 6); petitioner's explanation pending; expectation that final decision be taken preferably within three months; Department of Education, Government of Bihar; single judge (Alok Kumar Sinha, J.); no statute or case law cited.

What did the court decide?

None; writ application dismissed as premature and not maintainable at this stage, with an expectation recorded that respondent no. 6 (District Programme Officer (Establishment), Nawada) take a final decision preferably within three months. ¶27

Md. Maksud Ansari Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ application seeking quashing of the show cause notice (Letter No. 4449 dated 15.12.2025) and restraint on further action is maintainable at this stage when no adverse order has yet been passed against the petitioner. +1 more

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Court's answer

The writ application has been filed prematurely and is not maintainable at this stage, because till date no adverse order has been passed against the petitioner.

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Ratio / Principle

The writ application is held to be not maintainable at this stage and is accordingly dismissed.

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Key takeaways

It is expected that the District Programme Officer (Establishment), Nawada, Bihar (respondent no. 6) will take a final decision in the matter preferably within a period of three months from the date of the order; the merits of the proposed termination were left open to the authority.obiter¶27

Detailed headnote1 paragraphs

PATNA HIGH COURT (Alok Kumar Sinha, J.; oral order dated 19-01-2026) — CWJC No. 585 of 2026: The petitioner, Md. Maksud Ansari, sought quashing of a show cause notice (Letter No. 4449 dated 15.12.2025) issued by respondent no. 6, the District Programme Officer (Establishment), Nawada, requiring him to explain within two days why he should not be terminated from service, and restraint on further action. Held: the writ application was premature and not maintainable at this stage, as no adverse order had been passed against the petitioner; the petition was dismissed. The Court expressed the expectation that respondent no. 6 would take a final decision on the petitioner's pending reply/explanation preferably within three months from the date of the order. No statute or precedent was cited; no quantum involved.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.585 of 2026

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Md. Maksud Ansari Son of Md. Makbul Ansari, Resident of VillageSarwahanpur, Police Station-Govindpur in the district of Nawada.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

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The Principal Secretary, Department of Education, Government of Bihar, Patna.

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The Joint Director, Department of Education, Government of Bihar, Patna.

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The Director, Primary Education, Government of Bihar, Patna.

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The District Education Officer, Nawada, Bihar.

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The District Program Officer (Estb.), Nawada, Bihar.

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The Block Education Officer, Sirdala in the district of Nawada.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Sunil Kumar, Adv For the Respondent/s : Mr. Prashant Pratap, Government Pleader (02) Mr. Asit Kumar Jha, AC to GP-2

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

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2 19-01-2026 Heard learned counsel for the petitioner and learned cousnel appearing for the respondent-State.

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In the present writ application, the petitioner has prayed for quashing/setting aside the letter no. 4449 dated 15.12.2025 issued by respondent no. 6 by which show cause notice has been given to the petitioner directing him to submit explanation within a period of two days as to why the petitioner should not be terminated from service. Further, prayer has been made for restraining the respondents from taking any further

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Patna High Court CWJC No.585 of 2026(2) dt.19-01-2026 2/2

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action against the petitioner.

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Manifestly, this writ application has been filed prematurely for the reason that till date, no adverse order has been passed against the petitioner. The writ application is, therefore, not maintainable at this stage.

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Learned counsel for the petitioner submits that in light of the show cause notice dated 15.12.2025, the petitioner has filed his reply/explanation which is pending consideration before the respondent no. 6 i.e. the District Programme Offficer, (Establishment), Nawada, Bihar. He further submits that some direction may be given to the District Programme Offficer, (Establishment), Nawada, Bihar to take final decision in the matter as soon as possible.

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For the reasons indicated above, this writ application is held to be not maintainable at this stage and it is accordingly dismissed. However, it is expected that the District Programme Offficer, (Establishment), Nawada, Bihar will take a final decision in the matter preferably within a period of three months from the date of passing of this order.

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(Alok Kumar Sinha, J)

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kiran/- U

Md. Maksud Ansari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Maksud Ansari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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