Ajay Kumar Singh, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1589 of 2019 In Civil Writ Jurisdiction Case No.10846 of 2011 ====================================================== Ajay Kumar Singh, Son of Late Vijay Pratap Singh, Resident of MohallaVijay Nagar, P.S.-Danapur, District-Patna. ... ... Appellant.

Versus

1.

The State of Bihar.

2.

The Secretary, Road Construction Department, Bihar, Patna. 3.

The Special Secretary, Road Construction Department, Bihar, Patna. 4.

The Deputy Secretary, Road Construction Department, Bihar, Patna. ... ... Respondents.

====================================================== Appearance :

For the Appellant :

Mr. Prabhu Nath Pathak, Advocate.

For the State :

Mr. Ashok Kumar Dubey, AC to AAG-XI.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 08-07-2025 The appellant has assailed the order of the learned Single Judge dated 22.07.2019 passed in C.W.J.C. No.10846 of 2011.

2. The appellant-Ajay Kumar Singh has assailed the order of penalty in a departmental inquiry, namely, withholding of four annual increments without cumulative effect on 31.05.2011. Such order has been passed by the Special Secretary of the Road Construction Department, Bihar, Patna.

3. In not exhausting Review Petition/Memorial under

Patna High Court L.P.A No.1589 of 2019 dt.08-07-2025 2/3 Rule 24(2) of Bihar Government Servants (Classification, Control & Appeal) Rules, 2005, the learned Single Judge has proceeded to dispose of the writ petition (C.W.J.C. No.10846 of 2011), asking the petitioner/appellant to invoke remedy insofar as filing Review Petition/Memorial under Rule 24(2) of Bihar Government Servants (Classification, Control & Appeal) Rules, 2005.

4. It is to be noted that C.W.J.C. No.10846 of 2011 was pending consideration for about 8 years. It is not appropriate on the part of the learned Single Judge, asking the petitioner/appellant to invoke remedy of Review Petition/ Memorial after lapse of about 8 years. That apart, Review Petition/Memorial may not be resorted to by the petitioner/ appellant for the reasons that Review Petition/Memorial would be decided in consultation with the author of the penalty. Therefore, it may not be a fit case of remedy for the petitioner/appellant.

5. In the light of these facts and circumstances, the order of the learned Single Judge dated 22.07.2019 passed in C.W.J.C. No.10846 of 2011 stands set aside.

6. C.W.J.C. No.10846 of 2011 stands restored on the file. Registry is requested to put up C.W.J.C. No.10846 of 2011

Patna High Court L.P.A No.1589 of 2019 dt.08-07-2025 3/3 before the concerned Roster Bench at the earliest. Concerned Roster Bench is requested to decide C.W.J.C. at the earliest in view of the fact C.W.J.C. is of the year 2011.

7. With the above observations, the present L.P.A. No.1589 of 2019 stands allowed.

8. Pending Interlocutory Application(s), if any, stands disposed of.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.07.2025.

Transmission Date NA