Virmati Aryani Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Virmati Aryani Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to prefer appeal/review before the competent authority within 30 days; the competent authority to decide within 90 days of receipt/production of a copy of the order with the memorandum of appeal/review, the 90-day period being counted after appearance of all concerned necessary to be heard.

Issue for consideration

Maintainability of the writ petition: whether the petitioner could approach the High Court directly without first exhausting the appeal/review remedy against an order passed by the competent authority under Rule 17 of the CCA Rules, 2005. +1 more

Court's answer

Without entering into the merits or demerits of the case, the Court granted liberty to the petitioner to prefer appeal/review before the competent authority within 30 days.

Ratio / Principle

The competent authority shall take a decision within 90 days from the date of receipt/production of a copy of the order along with the memorandum of appeal/review.

Key takeaways

The counting of the 90-day period shall commence only after the appearance of all concerned persons who are necessary to be heard.ratio¶23

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J) disposed of Civil Writ Jurisdiction Case No.8756 of 2022 in which Virmati Aryani sought quashing of letter No.347(9) dated 30.06.2021, whereby her husband Dr. Uday Kumar was dismissed from service on the ground of absence from 05.01.2009 to 26.09.2014 and from 27.04.2017 till the date of the order without permission, and sought service benefits for herself. Learned counsel for the State raised a preliminary objection that the order under challenge was made by the competent authority under Rule 17 of the CCA Rules, 2005 and was appealable/reviewable, and that the petitioner had come to the High Court without exhausting that remedy. Without entering into the merit or demerit of the case, the Court granted the petitioner liberty to prefer appeal/review before the competent authority within 30 days, directed the competent authority to take a decision within 90 days from receipt/production of a copy of the order along with the memorandum of appeal/review, and held that the 90-day count shall run only after appearance of all concerned necessary to be heard. With these directions the application stood disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8756 of 2022

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

Virmati Aryani W/o Dr. Uday Kumar, R/v-L.I.G. 14/94, Hanuman Nagar, Kankarbagh, P.S.-Kankarbagh, Distt.-Patna.

... ... Petitioner/s

Versus

The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

The Additional Chief Secretary, Health Department, Government of Bihar, Patna.

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

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

The Civil Surgeon, Bhojpur, Ara.

The Accountant General (A and E) Birchand Patel Path, Patna.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kr. Srivastava, Advocate For the Respondent/s : Mr. Pankaj Kumar (SC-12) Mr. Anuj Kumar, AC to SC-12 For the Accountant General: Mr. Ram Kinkar Choubey, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

3 30-01-2026

Learned Counsel for the petitioner, learned Counsel

for the Accountant General and learned Counsel for the State are present.

Learned Counsel for the petitioner submits that the present writ petition has been filed for issuance of an appropriate writ directing the respondents to quash letter No.347(9) dated 30.06.2021 by which Dr. Uday Kumar, the husband of the petitioner, was dismissed from service on the ground of the absent since 05.01.2009 to 26.09.2014 and 27.04.2017 till the date of the order without taking any

Patna High Court CWJC No.8756 of 2022(3) dt.30-01-2026 2/3

permission that Dr. Uday Kumar was working in the said period getting the salary and further directed to provide service benefit to the petitioner, who is the wife of Dr. Uday Kumar.

Learned counsel for the State raised preliminary objection and submits that the order under challenge has been made by the competent authority under Rule 17 of the CCA Rules, 2005, which is appealable/reviewable, the petitioner without exhausting the remedy of appeal/review has come to this Hon’ble Court directly.

Learned Counsel for the petitioner fairly submits that this is the factual matrix which he cannot deny but he submits that there are series of points on the basis of which he is in a position to prove his case.

After hearing the parties, this Court without entering into the merit or demerit of the case granting liberty to the petitioner to prefer appeal/review before the competent authority within 30 days from today and the competent authority shall take decision within 90 days from the date of receipt/production of a copy of this order along with the memorandum of appeal/review. The counting of 90 days shall be counted after appearance of all concerned who are necessary to be heard.

Patna High Court CWJC No.8756 of 2022(3) dt.30-01-2026 3/3

With the aforesaid direction, this application stands

disposed off.

(Dr. Anshuman, J)

Mkr./-

U