Ashutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9004 of 2026 ====================================================== 1.

Ashutosh Kumar Son of Sri Ramayan Singh, Resident of Village and P.O.- Krishnagarh, P.S.- Krishnagarh, District- Bhojpur. 2.

Indra Kumar Nirala, Son of Sri Birbhajan Ram, Resident of VillageKhanani Khurd, P.O.- Khanani Kala, P.S. - Agiaon Bazar, District - Bhojpur. 3.

Nilkanth Narayan Singh, Son of Sri Mithilesh Kumar Singh, Resident of Village-Madan ji ka Hata, Pakadi, P.O. and P.S.- Nawada, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.

2.

The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna. 3.

The District Education Officer, Bhojpur.

4.

The District Programme Officer (Establishment), Bhojpur. 5.

The Block Development Officer, Barhara, P.O. and P.S.- Barhara, DistrictBhojpur. 6.

The Block Education Officer, Barhara, P.O. and P.S.-Barhara, DistrictBhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh, Advocate Mr. Prashant Kumar, Advocate For the Respondent/s :

Mr. Manoj Kr. Ambastha, SC (26) Mr. Divit Vinod, AC to SC - 26 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 30-06-2026 Heard learned counsel for the petitioners and learned counsel for the State.

2.The writ petition has been filed for the following reliefs:

(i) That, this writ petition is for setting aside the order contained in Memo No. 1400 dated 16.08.2019

Patna High Court CWJC No.9004 of 2026(2) dt.30-06-2026 2/3 issued by the Block Development Officer, Barhara, Bhojpur dismissing them on dictate of the order passed by District Programme Officer (Establishment), Bhojpur Arrah with effect from 14.08.2019 in view of order passed by the learned AC.J.M.

8", Bhojpur, Arrah in. T.R. No 604/ 2025 holding that the charges are not substantiated/ proved and in the result they were acquitted vide judgmentdated 25.06.2025 and further prayer for their reinstatement against respective post with all consequential benefits for which they are entitled in accordance with law in addition to litigating cost for unnecessary harassment and for other necessary relief/ relief's on the basis of facts and circumstances of the case as stated, enumerated and discussed hereinafter.

3. Learned counsel for the petitioner has brought on record the judgment of acquittal recorded in the Vigilance Case, based on which, the punishment of dismissal has been recorded by the Block Development Officer, Barhara, Bhojpur, which is contained in Memo No. 1400 dated 16.08.2019, whereby the 08th A.C.J.M. Bhojpur, Ara has recorded acquittal from the said charges and discharged the petitioners from the liability of their respective bail bonds.

4. Learned counsel for the petitioners by referring to the judicial pronouncements as made by the Hon'ble Apex

Patna High Court CWJC No.9004 of 2026(2) dt.30-06-2026 3/3 Court and as also in the judgment rendered by the learned Single Judge in CWJC No. 6777 of 2025 (Janardan Singh Vs. State of Bihar), which is appended as annexure - P/8, wherein it has been held that if the punishment order is totally based on the vigilance case and there is a judgment of acquittal recorded, in such event, necessary decision shall be taken by the authorities and the same shall be communicated to the petitioners within a specified time.

5. In view of the submissions of the learned counsel for the petitioners, this writ petition is disposed of, with liberty to the petitioners to file fresh representation in reference to their earlier representations dated 18.07.2025 & 03.09.2025, along with all supportive materials including a copy of this order before the authorities concerned. Upon filing of such representation, the same shall be examined and necessary orders be passed within a period of eight weeks' from today, and all consequential benefits, for which the petitioners are entitled, shall follow in accordance with law.

(Ajit Kumar, J) surya/- U