Sunil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19195 of 2025 ====================================================== Sunil Kumar Singh Son of Late Tarkeshwar Prasad Singh, Resident of village Jagannath Basant, P.S. Lalganj, District Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Secretary, Higher Education, Government Of Bihar, Patna. 3.

Bhim Rao Ambedkar Bihar University, through its Registrar, Muzaffarpur. 4.

The Vice Chancellor, Bhim Rao Ambedkar Bihar University, Muzaffarpur. 5.

The Registrar, Bhim Rao Ambedkar Bihar University, Muzaffarpur. 6.

The Governing Body through its Secretary, Awadh Bihari Singh College, Lalganj, Vaishali.

7.

The Secretary, Governing Body, Awadh Bihari Singh College, Lalganj, Vaishali.

8.

The Principal, Awadh Bihari Singh College, Lalganj, Vaishali. ... ... Respondent/s Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Adv.

For the Respondent/s :

Mr. Kinkar Kumar, SC-9 For the BRABU :

Mr. Bindhyachal Rai, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner, learned counsel for Bhim Rao Ambedkar Bihar University and learned counsel appearing for respondents-State.

2. The present writ application has been filed for setting aside the order dated 08.09.2025 passed by the State Appellate Authority, Bihar, Patna in Application No.282 of 2023 whereby and where under the application has been disposed of in a cryptic and arbitrary manner, without ensuring compliance

2/4 of its previous order dated 07.12.2022 passed in O.A. No.508 of 2022.

3. The previous order dated 07.12.2022 passed in O.A. No.508 of 2022 has been brought on record by way of Annexure-P/6, the operative portion of which reads as follows: "This Authority feels that the funds are provided by the State Government and whenever any complaint is made about abuse of these funds, it is the duty of the State Government to conduct an enquiry and take appropriate action. Therefore, the appellant is directed to file a representation before Additional Chief Secretary. Education Department within a period of 30 days.

The Additional Chief Secretary will after receipt representation, cause an enquiry to be made and appropriate action taken upon the report. He will complete the whole exercise preferably within a period of six months.

With this direction, the appeal is disposed of."

4. In light of the aforesaid order passed in O.A. No.508 of 2022, the petitioner had again approached the State Appellate Authority vide Application No.282 of 2023 for seeking compliance of the previous order dated 07.12.2022

3/4 passed O.A. No.508 of 2022. The Application No.282 of 2023 which was filed by the petitioner seeking compliance of the order dated 07.12.2022 passed in O.A. No.508 of 2022 has been summarily disposed of in a cryptic manner. The entire order of the State Appellate Authority dated 08.09.2025 is reproduced herein below for needful.

"Mr. Sanjeev Kumar Singh is present for the appellant.

Mr. Abhinay Raj is present for the State (respondents).

A perusal of case record shows that no supplementary show cause has been filed on behalf of Additional Chief Secretary of Education Department. However, he had filed earlier a show cause, which shows that steps are under way for compliance of the order. In view of this, it cannot be concluded that respondents have not taken any steps for compliance. Hence, the case is disposed of. However, the applicant will have the liberty to approach this court again once a final decision is taken by the State Government in this matter."

5. From the perusal of the above order dated 08.09.2025 it is apparent that it is sans any reasoning, is most arbitrary and cryptic. The State Appellate Authority has not taken proper steps to ensure full and proper compliance of its previous order dated 07.12.2022 passed in O.A. No.508 of 2022.

4/4

6. In such view of the matter, the order dated 08.09.2025 passed in Application No.282 of 2023 by the State Appellate Authority is hereby set aside and the matter is remanded back to the State Appellate Authority to take all steps to ensure that the previous order dated 07.12.2022 passed in O.A. No.508 of 2022 is fully complied in its true letter and spirit.

7. The writ application is, therefore, allowed in the aforesaid terms.

(Alok Kumar Sinha, J) Prakash Narayan U