Md. Irshad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1049 of 2026 ====================================================== Md. Irshad Son of Md. Isa, resident of Village- Urdu Bazar, Sherghati, Police Station- Sherghati in the district of Gaya Ji. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.
2.
The Principal Secretary, Department of Education, Government of Bihar, Patna.
3.
The Joint Secretary, Department of Education, Government of Bihar, Patna. 4.
The Director, Primary Education, Government of Bihar, Patna. 5.
The District Education Officer, Nawada, Bihar. 6.
The District Program Officer (Estb.), Nawada, Bihar. 7.
The Block Education Officer, Kawakole in the district of Nawada. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar, Adv For the State :
Mr. Ajay G.A-5 Mr. Rakesh Kumar Ranjan, Ac to GA-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 27-01-2026 Heard learned counsel for the petitioner and learned counsel for the respondent-State.
2. With the consent of the parties, the present writ application is disposed of at this stage.
3. In the present writ application, the petitioner has prayed for quashing/setting aside the letter no. 4451 dated 15.12.2025 issued by respondent no. 6 by which show cause notice has been given to the petitioner directing him to submit explanation within a period of two days as to why the petitioner should not be terminated from service. Further prayer has been made for restraining the respondents from taking any further
Patna High Court CWJC No.1049 of 2026(2) dt.27-01-2026 2/2 action against the petitioner.
4. Manifestly, this writ application has been filed prematurely for the reason that till date, no adverse order has been passed against the petitioner. The writ application is, therefore, not maintainable at this stage.
5. Learned counsel for the petitioner submits that in light of the show cause notice dated 15.12.2025, the petitioner has filed his reply/ explanation which is pending consideration before the respondent the respondent no. 6 i.e. the District Programme Officer, ( Establishment), Nawada, Bihar to take final decision in the matter as soon as possible.
6. For the reasons indicated above, this writ application is held to be not maintainable at this stage and it is accordingly disposed of directing the District Programme Officer, (Establishment), Nawada, Bihar to take a final decision in the matter preferably, within a period of three months from the date of passing of this order, if reply to the show cause notice has been filed by the petitioner during the pendency of this writ application.
N.K/- (Alok Kumar Sinha, J) U