IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17643 of 2024 ======================================================

Avinash Kumar son of Rajendra Prasad, Resident of Village-Lata Nivas, Hatia Road, Tilka Manjhi, P.S.-Tilka Manjhi, District-Bhagalpur at present suspended Manager, Bettia Raj, Bettiah.

... ... Petitioner/s Versus

1. The State of Bihar through its Chief Secretary, Bihar, Patna.

2. Chief Secretary, Government of Bihar, Patna.

3. Chairman, Board of Revenue, Government of Bihar, Patna.

4. Principal Secretary, General Administration Department, Government of Bihar, Patna.

5. Secondary, General Administration Department, Government of Bihar, Patna.

6. Secretary, Board of Revenue, Government of Bihar, Patna.

7. Joint Secretary, General Administration Department, Government of Bihar, Patna.

8. Under Secretary, General Administration Department, Government of Bihar, Patna.

9. Under Secretary, Board of Revenue, Government of Bihar, Patna.

10. Deputy Secretary, Board of Revenue, Government of Bihar, Patna.

11. Deputy Secretary, General Administration Department, Government of Bihar, Patna.

12. District Officer cum Collector, West Champaran, Bettiah.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Rajiv Kumar Singh, Advocate For the Respondent/s : Mr. Government Pleader 04, ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT

Date : 27-01-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for the following relief/s:-

“I. Issuance of an appropriate writ including a writ in the nature of certiorari quashing the order vide Gyapank-2/Aarop-01-13/2024-Sa Pra-15104/Patna-15 dated 20.09.2024 (Annexure-P/6) issued under the signature of Under Secretary, General Administration Department, Government of Bihar, Patna (Respondent no. 8) and also quashing the order vide letter no. 2/Aarop-01-13/2024-Sa Pra-15148, Patna-15 dated 23.09.2024 (Annexure-P/7) issued under the signature of Under Secretary, General Administration Department, Government of Bihar, Patna (Respondent no. 8) without any legal basis and also not followed the rule 9(1) of Bihar Government servants (Classification Control and Appeal) Rules 2005 while the petitioner was on leave duly sanctioned by the competent authority due to illness of his wife illness because his wife was admitted in Shrishty Nurshing Home, Bhagalpur under the treatment of Dr.

Sangita Mehta.

II. Issuance of an appropriate writ including a writ in the nature of writ of mandamus commanding and directing the respondents to revoke the suspension order dated 20.09.2024 (Annexure-P/6) immediately and the petitioner posted at any place in Bihar on the post of A.D.M. rank because the said suspension order is illegal and not sustainable in the eye of law.

III. Issuance of any other appropriate writ(s), order(s), direction(s) as may be deemed fit and proper in the facts and circumstances of the case.”

3. Learned counsel for the petitioner submits that the petitioner joined the Government Service on 22.06.1995 as a Deputy Collector (Bihar Administration Service) through 38^th Bihar Public Service Examination, conducted by the Bihar Public Service Commission, Patna. Counsel submits that the petitioner was transferred from Sheohar as Settlement Officer to as Manager Bettiah Raj, Bettiah and the petitioner joined as a Manager Bettiah Raj, Bettiah on 12.02.2024 and taken charges from the District Public Grievance Redressal Officer who was posted as Incharge Manager, Bettiah Raj, Bettiah. Counsel further submits that the petitioner was on leave from 19.08.2024 due to illness of his wife which was duly sanctioned by the competent authority. In this regard, petitioner has filed an application before the authority on 18.08.2024 regarding leave sanction vide Letter No. 426 dated 18.08.2024. Thereafter, the petitioner fi