Gopichand Prasad Vs The State Of Bihar and Ors. — Patna HC (2026) — LawSathi Research

Gopichand Prasad Vs The State Of Bihar and Ors. — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondent District Magistrate, Patna to furnish all necessary papers including the memo of charge, enquiry report and punishment order preferably within four weeks, with liberty to the petitioner to file a fresh writ petition if aggrieved by the order of punishment.

Issue for consideration

Whether the respondent District Magistrate, Patna should be directed to furnish to the petitioner the memo of charge, enquiry report and punishment order passed in the departmental proceeding. +1 more

Court's answer

The Court directed the respondent District Magistrate, Patna to furnish all necessary papers including the memo of charge, enquiry report and the punishment order, preferably within a period of four weeks.

Ratio / Principle

On receipt of the copies of the aforesaid letters/orders, the petitioner shall be at liberty to file a fresh writ petition if he feels aggrieved with the order of punishment.

Key takeaways

With the aforesaid direction and liberty, the present writ petition stands disposed.ratio¶30

Detailed headnote1 paragraphs

Patna High Court (Harish Kumar, J.), Civil Writ Jurisdiction Case No. 8640 of 2017, decided 06-07-2026: Gopichand Prasad v. State of Bihar and others. A writ petition pending since 2017 was disposed of after the Court was informed that, during its pendency, the petitioner was subjected to departmental proceedings resulting in a final order withholding 50% of his pension and other retiral benefits, allegedly without allowing him participation or notice, and that the memo of charge, enquiry report and punishment order had not been placed on record. The Court directed the District Magistrate, Patna to furnish all necessary papers including the memo of charge, enquiry report and punishment order, preferably within four weeks, and granted the petitioner liberty to file a fresh writ petition if aggrieved by the punishment order. No question of law was decided; no statute or precedent was considered.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8640 of 2017

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

Gopichand Prasad son of Hari Ram, resident of VillageP.O.- Hulasi Tola, P.S.Maner, District- Patna.

... ... Petitioner/s

Versus

The State Of Bihar through the Principal Secretary Panchayat Raj, Bihar, Patna.

The Principal Secretary, Panchayati Raj, Bihar, Patna.

The District Magistrate, Patna.

The District Panchayat Raj Officer, Patna.

The Block Development Officer, Dulhin Bazar, District- Patna.

The Block Development Officer, Khusrupur, Patna.

The Block Development Officer, Bihta, District- Patna.

The Treasury Officer, Patna.

The Accountant General, Bihar, Patna.

... ... Respondent/s

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

Appearance :

For the Petitioner/s : Mr.Rajesh Kumar Sinha, Adv. For the Respondent/s : Mr.Kameshwar Prasad Gupta-GP10 Mr. Anwar Karim, AC to GP 10

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

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 06-07-2026

Learned Advocates for the respective parties are

present.

Mr. Rajesh Kumar Sinha, learned Advocate for the petitioner submitted that during the pendency of the writ petition, the petitioner was subjected to departmental proceeding and final order has been passed withholding 50% of pension and other retiral benefits. It is further submitted that neither the petitioner was allowed to participate in the departmental

Patna High Court CWJC No.8640 of 2017 dt.06-07-2026

2/2

proceeding nor any notice has been given and at present the respondents have also not brought on record the memo of charge, enquiry report as well as the order of punishment and as such the petitioner is facing difficulty to challenge the same.

Learned Advocate for the State submits that the matter has been running on Board since 2017 and a fresh cause of action has now arisen. In order to bring more clarity to the matter, the petitioner ought to file a fresh writ petition

Having considered the submissions advanced, this Court directs the respondent District Magistrate, Patna to furnish all necessary papers including memo of charge as well as enquiry report and the punishment order, preferably within a period of four weeks from today.

On receipt of the copy of the aforesaid letters/orders, the petitioner shall be at liberty to file a fresh writ petition, if he feels aggrieved with the order of punishment.

With the aforesaid direction and liberty, the present writ petition stands disposed.

(Harish Kumar, J)

Anjani/-
AFR/NAFR
CAV DATE
Uploading Date	06.07.2026
Transmission Date