Mintu Kumar Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3214 of 2026 ====================================================== Mintu Kumar Nirala Son of Mithlesh Prasad, resident of village Shripur, P.S.- Ghoshi District- Jehanabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Bihar Prashasnik Sudhar Mission Society General Administration Department, Government of Bihar, Patna.

3.

The Mission Director, the Bihar Prashasnik Sudhar Mission Society General Administration Department Government of Bihar, Patna. 4.

The Additional Mission Director, the Bihar Prashasnik Sudhar Mission Society General Administration Department, Government of Bihar, Patna. 5.

The Divisional Commissioner, Patna Division, Patna. 6.

The District Magistrate, Patna.

7.

The Additional District Magistrate, Patna.

8.

The Sub-Divisional Officer, Patna.

9.

The Nodal Officer RTPS (Right to Public Service), Circle Office Masaurhi, Patna.

10.

The Officer in charge, Masaurhi, Patna.

11.

The Circle Officer, Masaurhi Block, Patna.

12.

The Block Development Officer, Masaurhi Block, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate For the State :

Mr. K.P. Gupta, GP-10 Mr. Satya Vrat, AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-03-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for the following reliefs:- (i) For issuance of writ in the nature of certiorari for quashing Order

Patna High Court CWJC No.3214 of 2026(2) dt.10-03-2026 2/3 dated 22.08.2025 by which the petitioner has been terminated/removed from service as Executive Assistant at Circle Office Masaurhi, Patna vide memo No. XXIX82/2024 2451 सथाo Patna, Dated 22.08.2025 by District Magistrate, Patna.

(ii) to reinstate the petitioner on the post of Executive Assistant at Circle Office Masaurhi, Patna.

(iii) to grant monetary benefits from the date of termination till reinstatement.

(iv) to grant any other consequential relief / reliefs to which the petitioner may be found entitled to in the facts and circumstances of the case.

3. Learned counsel for the petitioner submits that the petitioner has filed a representation before the Divisional Commissioner, Patna Division, Patna which is annexed as Annexure-P/10 on 01.12.2025. He further submits that the petitioner has made a specific pleading in paragraph No. 21 of the petition that, on his representation, the Divisional Commissioner, Patna Division, Patna directed the District Magistrate, Patna to take action in accordance with law vide Letter No. सथा०-XII=03/2025-11 / सथा०, dated 09.01.2026, but no action has been taken till date.

Patna High Court CWJC No.3214 of 2026(2) dt.10-03-2026 3/3

4. Learned counsel for the State, on the other hand, submits that the case of the petitioner is premature, but at this stage only a direction may be given to the District Magistrate, Patna (respondent No. 6) to proceed in accordance with law.

5. In light of the submissions made above, the petitioner is hereby directed to place this order sheet before the District Magistrate, Patna (respondent No. 6), along with the said representation filed before the Divisional Commissioner, Patna Division, Patna, with all annexures, within 30 days. Upon receipt thereof, respondent No. 6 is hereby directed to take a decision in the matter of the petitioner within 90 days thereafter.

6. Accordingly, the present writ petition stands disposed off.

(Dr. Anshuman, J.) Aman Kumar/- U