Disposed¶27

Nitin Kumar v. The State of Bihar

Patna HC23 Jul 2026CWJC/5989/2024

Case brief

AI extract

What is this about?

Termination letter Memo No. 2371-II dated 21.10.2021 by District Panchayati Raj Officer, Siwan; Vigilance Case No. 026/2021 (S. 7(a) Prevention of Corruption Act, 1988); writ petition disposed, merits not adjudicated; statutory appeal before District Magistrate, Siwan within 30 days; delay condoned; reasoned and speaking order within 90 days; Rule 13 Panchayati Raj Department appeal route; Annexure-C contractual appointments; reinstatement/mandamus prayer not granted.

What did the court decide?

No substantive relief granted on merits; writ petition disposed of with directions to the petitioner to file a statutory appeal before the District Magistrate, Siwan (Respondent No.5) within 30 days (delay condoned), and to Respondent No.5 to pass a reasoned and speaking order within 90 days. ¶27

Nitin Kumar Vs The State of Bihar — Corruption | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the letter bearing Memo No. 2371-II dated 21.10.2021 of the District Panchayati Raj Officer, Siwan, by which the petitioner stands terminated from service following Vigilance Case No. 026/2021, should be quashed and the petitioner reinstated as Technical Assistant, Block Bhagwanpur Hat, Siwan. +1 more

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Ratio / Principle

The writ petition is disposed of, directing the petitioner to prefer a statutory appeal before the District Magistrate, Siwan (Respondent No.5) within 30 days, along with a copy of the order.

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Key takeaways

Respondent No.5 (District Magistrate, Siwan) shall pass a reasoned and speaking order on the statutory appeal within 90 days after receiving it.ratio¶29
Any delay in filing the statutory appeal is directed to be condoned.ratio¶32

Detailed headnote1 paragraphs

PATNA HIGH COURT (Dr. Anshuman, J.), oral order dt. 23-07-2026, disposing of Civil Writ Jurisdiction Case No.5989 of 2024. Nitin Kumar, stated to be Technical Assistant, Block Bhagwanpur Hat, Siwan, sought certiorari to quash the letter (Memo No. 2371-II dated 21.10.2021) of the District Panchayati Raj Officer, Siwan terminating his service following Vigilance Case No. 026/2021 dated 05.07.2021 under S. 7(a), Prevention of Corruption Act, 1988 (Amended as 2018), and mandamus for reinstatement. On the State's preliminary objection that Annexure-C of the counter-affidavit applies to contractual appointees and that, per Rule 13 of the Panchayati Raj Department, an appeal against the DPRO's decision lies before the District Magistrate, the Court did not adjudicate the termination on merits. It disposed of the writ petition directing the petitioner to prefer the statutory appeal before the District Magistrate, Siwan within 30 days with a copy of the order, condoned any delay in filing, and required the District Magistrate to pass a reasoned and speaking order within 90 days of receipt. No precedent was cited or relied upon.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5989 of 2024

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Nitin Kumar Son of Shambhu Sah, R/o Fakhrudinpur, P.S.- G.B. Nagar, Tarwara, District- Siwan.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Additional Chief Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.

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The Additional Chief Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.

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The Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.

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The Deputy Secretary, Additional Chief Secretary, Panchayati Raj Department, Govt. of Bihar.

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The District Magistrate- cum- District Collector, Siwan.

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The District Development Officer, Siwan.

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The Sub-Divisional Officer, Siwan.

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The Block Development Officer, Bhagwanpur Hat, Siwan.

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The District Panchayati Raj Officer, Siwan.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Alok Ranjan, Adv. For the Respondent/s : Mr.Kunal Tiwary, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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2 23-07-2026

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Heard Learned Counsel for the petitioner and

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Learned Counsel for the State.

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Learned counsel for the petitioner submits that the present writ petition has been filed with the following reliefs:-

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1. That this is an application for issuance of an appropriate writ/writs, order/orders or direction/directions in the nature of certiorari for quashing/setting aside the letter bearing Memo No. 2371-II dated 21.10.2021 issued by the District

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Patna High Court CWJC No.5989 of 2024(2) dt.23-07-2026 2/3

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Panchayati Raj Officer, Siwan by which the petitioner is terminated from his service due to lodging of a Vigilance Case No. 026/2021 dated 05.07.2021 under section 7(a) under Prevention of Corruption Act, 1988 (Amended as 2018) and/or be pleased to pass a writ in the nature of mandamus commanding the respondents to reinstate the petitioner on his initial post of technical Assistant Block, Bhagwanpur Hat District- Siwan who was sent to jail for taking the bribe of Rs.50,000/- on 27.01.2022 and/or be pleased to pass such order or orders which may be deemed fit and proper in the facts and circumstances of the case.

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Learned counsel for the State has raised

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preliminary objection and submits that Annexure-C of the counter-affidavit, which is issued by Panchayati Raj Department is especially for those persons who have been appointed on contractual basis. He further submits that Rule 13 of the Panchayati Raj Department, is very clear that against the decision of District Panchayati Raj Officer, the appeal is preferable before the District Magistrate.

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In the light of the submissions made, the present writ petition is hereby disposed of directing the petitioner to prefer statutory appeal before the District Magistrate, Siwan (Respondent No.5) within 30 days along with a copy of this order and the respondent No.5 shall pass a reasoned and

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Patna High Court CWJC No.5989 of 2024(2) dt.23-07-2026 3/3

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speaking order on the same within 90 days after receiving the

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same.

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