Shashank Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4618 of 2026 ====================================================== Shashank Kumar Son of Suresh Prasad Vikrant, Resident of New Mica Colony, Industrial Training Institute, Digha Ghat, Police Station- Digha, District-Patna.

... ... Petitioner/s

Versus

1.

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

The Additional Chief Secretary, General Administration Department, Government of Bihar, Patna.

3.

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

4.

The Special Secretary, Agriculture Department, Government of Bihar, Patna. 5.

The Additional Secretary, Agriculture Department, Government of Bihar, Patna.

6.

The Joint Secretary, Agriculture Department, Government of Bihar, Patna. 7.

The Deputy Secretary, Agriculture Department, Government of Bihar, Patna. 8.

The Under Secretary, Agriculture Department, Government of Bihar, Patna. 9.

The Assistant Director (Horticulture), Vaishali, Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Respondent/s :

Mr. Additional Advocate General (12) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 30-03-2026 Heard learned Counsel for the petitioner and learned Counsel for the State.

2. Learned Counsel for the petitioner has filed the present writ petition for issuance of a writ preferably in the nature of mandamus commanding the respondents concerned to revoke the suspension of the petitioner as he has been suspended from a long period, which is illegal and in violation of circulars of respondents-State and for other necessary relief/reliefs on the basis

Patna High Court CWJC No.4618 of 2026 dt.30-03-2026 2/2 of facts and circumstances of the case.

3. Learned Counsel for the State, on the other hand, raised preliminary objection and submits that the petitioner has not challenged the suspension order which is Annexure-P/1. He further submits that against the order of suspension there is a provision of appeal under the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (hereinafter referred to as the 'CCA Rules, 2005').

4. In response thereof, learned Counsel for the petitioner submits that he has filed representation before the higher authority vide Annexure- P/7. The said representation may be treated as appeal.

5. In the light of the submissions made, this writ petition is disposed off granting liberty to the petitioner to file appeal under CCA Rules, 2005 challenging the suspension raising all the points which are available to the petitioner within 30 days from today and the appellate authority shall pass a reasoned and speaking order within 90 days thereafter.

(Dr. Anshuman, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 31.03.2026 Transmission Date