Subodhkant Singh Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Subodhkant Singh Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to file an appeal before the Divisional Commissioner, Saran division at Chhapra within four weeks from the date of order; the Appellate Authority is expected to dispose of the appeal within a further eight weeks after providing ample opportunity to the parties. No relief on the merits of the termination was granted by this Court.

Issue for consideration

Whether the Order bearing Memo No. 256 dated 02.06.2026 terminating the petitioner's contractual employment with immediate effect on grounds of potential financial irregularity ought to be quashed by writ of certiorari, with reinstatement and consequential benefits by mandamus, as prayed by the petitioner. +1 more

Ratio / Principle

In view of the appellate remedy available before the Divisional Commissioner, Saran Division, Chhapra against the Collector, Gopalganj's termination order, the Court did not adjudicate the writ on merits and disposed of the writ application with liberty to the petitioner to file an appeal there before within four weeks from the date of order, expecting the Appellate Authority to dispose of the appeal within a further period of eight weeks after providing ample opportunity to the parties.

Detailed headnote1 paragraphs

PATNA HIGH COURT (Vikash Kumar, J.) — CWJC No. 9671 of 2026, decided 22-07-2026 (oral order): The petitioner, whose contractual employment was terminated with immediate effect by order bearing Memo No. 256 dated 02.06.2026 citing potential financial irregularity — identified in the writ prayer as issued by Respondent No. 4 and described in court as passed by the Collector, Gopalganj — sought certiorari to quash the order and mandamus for reinstatement with consequential benefits including remuneration for the intervening period. Learned counsel for the State submitted that an appeal against the termination order lies before the Divisional Commissioner, Saran division at Chhapra. Without entering the merits, the Court disposed of the writ application with liberty to the petitioner to appeal within four weeks, and expressed the expectation that the Appellate Authority would dispose of the appeal within a further eight weeks after providing ample opportunity to the parties. No statute or precedent was cited; no question of law was decided on the merits.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9671 of 2026

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Subodhkant Singh S/o- Subash Singh, R/o- Kuisa Khurd, P.S- Kateya, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Social Welfare Department, Bihar, Patna.

The Director, I.C.D.S., Social Welfare Department, Bihar, Patna.

The District Magistrate cum Collector, Gopalganj.

The Deputy Development Commissioner, Gopalganj.

The District Programme Officer cum Nodal Officer, ICDS, Gopalganj.

The District Project Manager, Women and Child Development Corporation, Gopalganj.

The Managing Director, Women and Child Development Corporation, Bihar, Patna.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Ali Muqtadir Ahmad, Advocate For the State : Mr. N.K Singh, A.C to GP-26

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CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR ORAL ORDER

2 22-07-2026

Heard Sri Ali Muqtadir Ahmad, learned counsel for

the petitioner and Sri N.K Singh, learned assistant counsel GP26 for the State.

The petitioner in present writ application has prayed for the following reliefs:-

“(i) For issuance of appropriate writ in the nature of writ of Certiorari for setting aside and quashing the Order bearing Memo No. 256 dated 02.06.2026 issued by the Respondent No.4, whereby and whereunder the contractual employment of the petitioner has been terminated with immediate effect citing potential financial irregularity.

(ii) For issuance of appropriate writ in the

Patna High Court CWJC No.9671 of 2026(2) dt.22-07-2026 2/2

nature of writ of Mandamus for directing and commanding the respondent authorities to reinstate the petitioner and grant him all consequential benefits including renumeration for intervening period.

(iii) For issuance of appropriate writ in the nature of writ of Mandamus for staying the operation of the order dated 02.06.2026 passed by the Respondent No.3 till the disposal of the Writ Application.

(iv) For any other further reliefs/order/directions as your Lordship may deem fit and proper in the facts and circumstances of the case.”

At the outset learned counsel appearing for State

submitted that since the impugned order of termination of contractual appointment of petitioner has been passed by the Collector, Gopalganj vide order as contained in Memo No. 256 dated 02.06.2026 against which an appeal lies before the Divisional Commissioner, Saran division at Chhapra .

Accordingly, the writ application is disposed of with liberty to the petitioner to file an appeal before the Divisional Commissioner, Saran division at Chhapra within a period of four weeks from the date of order and it is expected that the Appellate Authority after providing ample opportunity to parties may disposed of the appeal within a further period of eight weeks.

(Vikash Kumar, J)

sweta/-

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