Nand Kumar Tiwari v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1363 of 2021 ====================================================== Nand Kumar Tiwari S/o Lalan Tiwari resident of Village - Mahuaari, PS. Buxar Mufasil Chausa, District - Buxar.

... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Home Affairs Govt. of India, New Delhi.

2.

D.G., BSF, CGO Complex New Delhi.

3.

Inspector General BSF STC Chakar Maharastra.

4.

IG Training Centre and School, BSF Meru Camp. Hazaribagh. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ebrahim Kabir, Adv.

Ms. Shruti Sinha, Adv.

For the UOI :

Mr. Alok Kumar Agrawal, Sr. C.G. SC.

Mr. Sukesh Ranjan, Adv.

Mr. Sudhanshu Kumar, Adv.

======================================================= CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 23-07-2026 Heard Mr. Ebrahim Kabir, learned Advocate for the petitioner and Mr. Alok Kumar Agrawal, learned Advocate for the Union of India.

2. The facts, as culled out from the record, are admitted to the extent that the petitioner was dismissed from service. The said order of dismissal was challenged in appeal and pursuant to the order passed by the Appellate Authority, the petitioner was reinstated in service. However, during the pendency of the present writ petition, the petitioner was again dismissed from service on the allegation of overstay, which, in the opinion of this Court, gives rise to a fresh cause of action for

Patna High Court CWJC No.1363 of 2021(13) dt.23-07-2026 2/2 filing a separate writ petition.

3. In view thereof, the present writ petition stands closed with liberty to the petitioner to file a fresh writ petition challenging the order of dismissal, besides any other relief(s) to which the petitioner may be entitled.

(Harish Kumar, J) Anjani/- U