Anup Lal Mandal Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Anup Lal Mandal Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to the petitioner to prefer appeal before the Appellate Authority within 30 days, and a direction to the Appellate Authority to pass orders on the appeal within 90 days thereafter; the merits of the forfeiture order were not examined.

Issue for consideration

Whether the writ petition is maintainable in view of the State's preliminary objection that the petitioner has the alternative remedy of preferring an appeal under Rule 23 of the Bihar CCA Rules, 2005 against the impugned forfeiture order. +1 more

Court's answer

The statutory appeal under the Bihar CCA Rules, 2005 is maintainable in this case, Rule 24(1) extending the right of appeal to a government servant including a person who has ceased to be in government service, notwithstanding the petitioner's contention that he is not a government servant.

Ratio / Principle

The petitioner was directed to prefer an appeal before the Appellate Authority within 30 days, and the Appellate Authority was directed to pass orders on the petitioner's appeal within 90 days thereafter.

Detailed headnote1 paragraphs

Pension and Gratuity — Forfeiture — Alternative remedy — Writ petition under Civil Writ Jurisdiction of Patna High Court against order dated 30.09.2023 (Memo No. 10(Pr)/Panchayat) of the District Magistrate, Bhagalpur, forfeiting the petitioner's full pension along with gratuity — State raised preliminary objection that appeal lay under Rule 23 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 — Petitioner contended he was not a government servant — Held, on reading Rules 23 and 24 of the Bihar CCA Rules, 2005, the appeal is maintainable, Rule 24(1) conferring the right on a government servant including a person who has ceased to be in government service — Petitioner directed to prefer appeal before the Appellate Authority within 30 days; Appellate Authority to decide the appeal within 90 days thereafter — Writ petition disposed of accordingly (Dr. Anshuman, J).

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8494 of 2024

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

Anup Lal Mandal Son of Late Negru Prasad Mandal, Resident of MohallaChandi Prasad Lane, Kobi Bari, Sikandarpur, Police Station- Mozahidpur, District- Bhagalpur.

... ... Petitioner/s

Versus

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

The District Magistrate, Bhagalpur.

The Additional Collector, Bhagalpur.

The District Panchayat Raj Officer, Bhagalpur.

The Block Development Officer, Jagdishpur, Bhagalpur.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary For the Respondent/s : Mr. Government Pleader (14)

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

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

2 03-02-2026 Heard learned counsel for the petitioner and learned

counsel for the State.

The present writ petition has been filed for setting aside the order dated 30.09.2023 contained in Memo No. 10(Pr)/Panchayat (Annexure-P/4) issued under the signature of the District Magistrate, Bhagalpur whereby and whereunder, full pension along with Gratuity of the petitioner have been forfeited.

Learned counsel for the State raised a preliminary

Patna High Court CWJC No.8494 of 2024(2) dt.03-02-2026 2/3

objection and submits that the petitioner has the remedy of preferring appeal under Rule 23 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (hereinafter referred to as ‘Bihar CCA Rules, 2005’) against the order impugned here. But, in-spite of preferring appeal, he has directly moved before this Hon’ble Court.

In response thereof, learned counsel for the petitioner submits that since, the petitioner is not a government servant, therefore, he has moved directly before this Hon’ble Court.

After hearing the parties and upon going through the provisions under Rule 23 and 24 of the Bihar CCA Rules, 2005, Rule 23 provides that a government servant may prefer an appeal against order of suspension or order of punishment. Rule 24(1) further provides that a government servant, including a person who has ceased to be in government service, may prefer an appeal.

In this view of the matter, the appeal is maintainable in this case. As such, the petitioner is hereby directed to prefer appeal before the Appellate Authority within 30 days, and the Appellate Authority is directed to pass order on the petitioner’s appeal within 90 days thereafter.

Patna High Court CWJC No.8494 of 2024(2) dt.03-02-2026 3/3

Accordingly, with the aforesaid direction, this writ

petition stands disposed off.

(Dr. Anshuman, J)

Divyansh/-

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