Uday Shankar Pathak Vs The State Of Bihar and Ors. — Patna HC (2026) — LawSathi Research

Uday Shankar Pathak Vs The State Of Bihar and Ors. — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to file an appropriate application in the connected writ application for adding some of the prayers made herein; the writ application was disposed of without going into the merits, so none of the reliefs (quashing of suspension memo, charge memo, enquiry report, or payment of subsistence allowance) was decided or granted.

Issue for consideration

Whether the suspension of the petitioner vide memo No.22 (9) dated 11.01.2016 issued by the Joint Secretary, Health Department, Government of Bihar, Patna, is liable to be quashed by a writ of certiorari. +2 more

Ratio / Principle

In view of the submission that some of the reliefs prayed for may still subsist even after passing of the final order of punishment, and without going into the merits of the case of the petitioner, the writ application is disposed off with liberty to file an appropriate application in the connected writ application for adding some of the prayers made herein.

Detailed headnote1 paragraphs

Patna High Court (Partha Sarthy, J), by oral order dated 12-02-2026, disposed of Civil Writ Jurisdiction Case No.6746 of 2017 filed by Uday Shankar Pathak, an employee of the Health Department, Government of Bihar, who had sought certiorari to quash (i) memo No.22 (9) dated 11.01.2016 putting him under suspension with immediate effect and fixing his headquarters at the Establishment Section (Section-2), Health Department, Patna, (ii) memo No.23 (9) dated 11.01.2016 deciding to initiate departmental proceeding against him along with the memo of charge, and (iii) the enquiry report dated 31.08.2016 of Conducting Officer Mr. Shekhar Chandra Verma, and had further sought mandamus for payment of subsistence allowance as per Rule 10 of Bihar CCA Rules 2005. Learned counsel for the petitioner submitted that during pendency of the writ a final order of punishment had been passed, which was challenged in another writ application, and that some reliefs herein may still subsist; liberty was sought to add those prayers in the connected case. Without going into the merits, the Court disposed of the writ application with liberty to file an appropriate application in the connected writ for adding the prayers made herein. No issue on merits was decided; no precedent was cited or considered.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6746 of 2017

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Uday Shankar Pathak son of Late Hari Shankar Pathak, Resident of VillagePathkhauli, Police Station- Bagha, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar

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

The Joint Secretary, Health Department, Government of Bihar, Patna.

The Under Secretary, Health Department, Government of Bihar, Patna.

The Director-in-Chief, Health Services, Health Department, Bihar, Patna.

The Civil Surgeon, Motihari, East Champaran.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Respondent/s : Mr. Pankaj Kumar, AC to GA- 9

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

3 12-02-2026 Heard learned counsel for the parties.

2. The petitioner has filed the instant application for

the following reliefs:

“ 1. (i) A writ in the nature of certiorari or any other appropriate writ/order or direction for quashing memo No.22 (9) dated 11.01.2016 issued by Joint Secretary, Health Department, Government of Bihar, Patna, whereby and whereunder, the Petitioner has been put under suspension with immediate effect and his head quarter has been fixed at

Patna High Court CWJC No.6746 of 2017(3) dt.12-02-2026 2/3

Head Quarter Establishment Section (Section-2), Health Department, Bihar, Patna and he will be entitled for subsistence allowance as per Rule 10 of Bihar CCA Rules 2005.

(ii) A writ in the nature of certiorari or any other appropriate writ/order or direction for quashing memo No.23 (9) dated 11.01.2016 issued by the Under Secretary, Health Department, Government of Bihar, Patna, whereby it was decided to initiate departmental proceeding against the petitioner and memo of charge was handed over to the petitioner alongwith this letter.

(iii) A writ in the nature of certiorari or any other appropriate writ/order or direction for quashing enquiry report dated 31.08.2016 of Conducting Officer Mr. Shekhar Chandra Verma.

(iv) A writ in the nature of mandamus or any other appropriate writ/order or direction directing the respondents to pay subsistence allowance to the petitioner as per Rule 10 of Bihar CCA Rules 2005, which has not been paid to him as yet.

v) Any other appropriate

Patna High Court CWJC No.6746 of 2017(3) dt.12-02-2026 3/3

writ/order or direction which Your Lordships may deem fit and proper. ”

It is submitted by learned counsel for the petitioner

that as per instructions received, during pendency of the instant writ application, final order of punishment was passed which has been challenged by the petitioner in another writ application.

Learned counsel for the petitioner submits that some of the reliefs prayed for herein may still subsist even after passing of the final order of punishment. As such, it is submitted that in case the Court is inclined to finally dispose of the writ application, liberty may be given to file an appropriate application in the connected writ application for adding some of the prayers made herein in the said case.

Without going into the merits of the case of the petitioner, in view of the above submission, the writ application is disposed off with the liberty aforesaid.

(Partha Sarthy, J)

sauravkrsinha/-

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