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Patna High CourtCWJC/7347/2025dismissed

Raj Kumar v. The State Of Bihar

2026-03-24Mr. Justice Dr. Anshuman5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7347 of 2025 ====================================================== Raj Kumar S/o- Anil Kumar Sahani, R/o Mohalla- Sahani Lane, Juran Chapra, Road NO. 04, P.O.- MIT, P.S.- Brahampura, District- Muzaffarpur, Biahr, Pin Code- 842003.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna Cum Chairman, Executive Committee, Bihar Vikas Mission, Rajvanshi Nagar, Patna- 800023.

2.

The Chief Secretary, Govt. of Bihar, Patna Cum Chairman, Executive Committee, Bihar Vikas Mission, Rajvanshi Nagar, Patna- 800023. 3.

The Development Commissioner, Bihar, Patna Cum Chairman, Up-mission, Cum Appellate Authority Bihar Vikas Mission, Rajvanshi Nagar, Patna800023. 4.

The Additional Chief Secretary, Department of Cabinet Secretariat, Govt. of Bihar, Patna.

5.

The Bihar Vikash Mission (BVM), through its Chief General Manager, Office at Bihar State Building Construction Corporation Campus, Hospital Road Rajbanshi Nagar, Patna- 800023.

6.

The Chief General Manager, Bihar Vikash Mission (BVM) at Bihar State Building Construction Corporation Campus, Hospital Road Rajbanshi Nagar, Patna- 800023.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suresh Prasad Bhakta, Adv.

Mr.Dheeraj Kumar, Adv.

For the Respondent/s :

Mr.Subhash Pd. Singh, GA3 Mr.Indeshwari Pd. Mandal, AC to GA3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-03-2026 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ petition has been filed with the following reliefs:- (i) For issuance of appropriate writ/order/direction commanding the Respondent

2/5 No.3 to produce the order before this Hon'ble Court and quashed the same which is communicated to Respondent No.6 vide Memo No. 628 dated 18.4.2024 to the petitioner thereunder representation dated 18.3.2024 (Annexure-P/11) filed by the petitioner against the order contained in Memo No. वव०वव०वम०-सथा०-(नयायालय) 02/23 353 अनु०पटना, वदनांक28.02.2024 (Annexure-P/10) has been rejected without enclosing/annexing the order passed by the Respondent No.3.

(ii) For issuance of appropriate writ for quashing the order contained in Memo No. वव०वव०वम०-सथा०- (नयायालय) 02/23 353 अनु०पटना, पटना, वदनांक 28.02.2024 (Annexure-P/10) issued/passed by the Respondent No.6 Chief General Manager, Bihar Vikash Mission, Patna. In the light of the order dated 1.8.2023 (AnnexureP/9) in C.W.J.C. No. 3463/2023 (Raj Kumar Vs. The State of Bihar & others).

(iii) For issuance of appropriate writ/order/direction commanding the Respondent authority concerned to re-hire the petitioner on the post of Assistant Manager (Project & Accounts) under the Bihar Vikash Mission.

3. Learned counsel for the petitioner submits that the petitioner was appointed as Assistant Manager (Project and Accounts) and resignation of the petitioner was accepted on 22.07.2019. He filed representation before Respondent No.6 to

3/5 re-hire on his previous post. He submits explanation and apology in this regard. He further submits that the show-cause notice was also issued against him to not repeat the same in future. He further submits that on 12.11.2022, the petitioner has filed a representation to respondent No.6 to re-hire on the previous post, but no effect has come.

4. Counsel further submits that the petitioner has filed C.W.J.C.No.3463 of 2023, which was dismissed with observation. In the light of the order, the petitioner has filed representation on 08.09.2019, but it was dismissed on 28.02.2024. The appeal was filed in the form of representation which was again dismissed by respondent No.3, but the order of dismissal of his representation dated 18.03.2024 has not been provided.

5. Counsel for the State, on the other hand, submits that the petitioner has not come before this Hon'ble Court with clean hand. He further submits that the petitioner had moved before this Court thrice. Firstly, in C.W.J.C. No.5229 of 2021 which was disposed of on 09.04.2021 with direction to file representation. Thereafter, the petitioner has filed his representation. When representation was pending, then he moved again before this Hon'ble Court in C.W.J.C. No.867 of

4/5 2023 which was disposed of on 24.04.2023 in which the Court has directed to consider the candidature of the petitioner along with other candidates. Thereafter petitioner has again moved in C.W.J.C. No.3463 of 2023 which was dismissed with observation that Bihar Vikash Mission (respondent No.3) who passed order on the petitioner's representation dated 08.09.2019, claiming to be re-hired after his alleged resignation on 16.07.2019. He further submits that in the light of the observations made in C.W.J.C. No.3463 of 2023, the authority (Chief General Manager) has passed a reasoned order on 28.02.2024, considering each and every aspect of the matter. Thereafter, the petitioner has filed the present writ petition with the same relief.

6. Upon perusal of the record, particularly, the order impugned dated 28.02.2024, it transpires to this Court that the petitioner has not moved thrice rather he has moved four times before this Hon'ble Court. Firstly, in C.W.J.C. No.5229 of 2021, then in C.W.J.C. No.13648 of 2021 followed in LPA No.1 of 2022, then in C.W.J.C. No.867 of 2023, then again in C.W.J.C. No.3463 of 2023 and now in the present writ petition i.e., C.W.J.C. No.7347 of 2025.

7. Upon perusal of the impugned order which is

5/5 Annexure-P/10 dated 28.02.2024, it transpires to this Court that each and every aspect relating to the petitioner's case on merit has been duly considered and reasoned order has been passed. The demand of petitioner about the order that his application was again rejected on 18.02.2024, has also been made. On the grounds of reasoning mentioned in the said order dated 18.02.2024, this Court is fully satisfied that every aspect relating to the petitioner has already been discussed in the reasoned order and there is no need of any interference, and hence, the present writ petition is hereby dismissed.

8. With the aforesaid directions and observations, the present writ application stands dismissed.

(Dr. Anshuman, J) Prakashmani/- U