Patna High Court
Anuj Mishra vs The High Court Of Judicature At Patna ... on 7 August, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8337 of 2018
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Anuj Mishra Son of Sri Om Prakash Mishra, Resident of House No.- 10/6
Ganga Bhawan, Daraganj, Allahabad, Uttar Pradesh, Pin Code- 211066.
... ... Petitioner/s
Versus
1. The High Court Of Judicature At Patna Through The Registrar General of
the Patna High Court, Patna.
2. The Registrar General of the Patna High Court, Patna.
3. The District and Sessions Judge, Kaimur at Bhabhua.
4. The Administration In-charge of the Civil Court, Bhabhua.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Mishra, Advocate
For the Respondent/s : Mr. Sanjeev Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 07-08-2025
Heard learned Counsel for the petitioner and learned
Counsel for the respondents (Patna High Court through the
Registrar General).
2. The present writ petition has been filed for
quashing of Order No.20/2018 dated 21.02.2018, contained in
Memo No.169 dated 21.02.2018, passed by the District &
Sessions Judge, Kaimur at Bhabhua, by which the petitioner
was restrained from marking attendance as Class-IV employee
of Civil Court, Bhabhua. Further prayer has been made to stay
Order No.20/2018 dated 21.02.2018 mentioned above.
3. Learned counsel for the petitioner submits that the
Patna High Court CWJC No.8337 of 2018 dt.07-08-2025
2/8
petitioner had applied in response to Advertisement No.
01/2016, which was published for the recruitment of 40 Class-
IV posts under the judgeship of Kaimur at Bhabhua. Counsel
submits that admit card was issued bearing Roll No.1006788
and the date of interview was fixed on 08.03.2017 at 10:00 AM.
Counsel submits that the petitioner appeared in the said
interview and finally his result came being a successful
candidate in the interview, on 26.05.2017 after getting approval
from the Hon'ble Patna High Court, total 40 candidates were
declared successful including the petitioner. As such,
appointment letter was issued to the petitioner vide Db No.753
dated 02.06.2017 by the District & Sessions Judge, Kaimur at
Bhabhua with a direction to join on or before 01.07.2017 with
certain documents and certificates. Counsel submits that the
joining of all the selected candidates except petitioner was
accepted by the concerned authorities of the Civil Court and no
reason was assigned for non-acceptance of petitioner's joining
by the authorities. Counsel submits that subsequently, joining of
the petitioner was accepted on 23.01.2018 and he started
discharging his duty to the satisfaction of all concerned. Counsel
further submits that all of a sudden vide Order No.20/2018 dated
21.02.2018
contained in Memo No.169 dated 21.02.2018, i.e.,
Patna High Court CWJC No.8337 of 2018 dt.07-08-2025
impugned order, the petitioner was restrained from marking his
attendance as Class-IV employee of the Civil Court, Kaimur at
Bhabhua. Counsel submits that C.W.J.C No.14136 of 2017 is
related with the ongoing selection process of Class-IV
employees. However, the result of Bhabhua district has already
been published on 26.05.2017 and all the selected candidates
were permitted to join duty and they were discharging their
duties. But, the petitioner has been discriminated on non-est
grounds.
4. Learned Counsel for the petitioner further submits
that the petitioner has already filed a representation before
respondent no.3 on 27.02.2017, but till date no action has been
taken. Counsel submits that the petitioner has filed another
representation on 21.03.2018 for recalling of Order No.20/2018
dated 21.02.2018 before respondent No.3, but till date no action
has been taken. Thereafter, petitioner has challenged the said
order before this Hon'ble Court and filed the present writ
petition.
5. Learned Counsel appearing on behalf of the Patna
High Court submits that it is true that the petitioner was selected
on the said post and joining letter was issued. But in the
appointment process, one of the member of the Appointment
Patna High Court CWJC No.8337 of 2018 dt.07-08-2025
Committee has violated Rule 6(ii) of the Bihar Civil Court Staff
(Class III and Class IV) Rules, 2009 and Rule 3 of the Bihar
Government Servant's Conduct Rules, 1976. It has been alleged
that intentionally he has misused his power and position by
permitting a candidate, who happens to be his relative to join as
Class-IV staff in Civil Court, Kaimur at Bhabhua, despite the
contrary report dated 23.01.2018 of the District Judge
sheristedar. It has also been mentioned that the said
appointment is in violation of judicial discipline and also in
violation of order dated 16.10.2017, passed by this Hon'ble
Court in the C.W.J.C No.14136 of 2017. It has been further
stated by the Counsel that the matter of the petitioner was
referred before the Hon'ble Standing Committee for
consideration, but in the meantime, the said relative of the
petitioner has accepted his joining and permitted him to mark
attendance. It has been submitted that for this wrong done by the
said Judicial Officer, a departmental proceeding was initiated
against the said Judicial Officer, in which charge Nos. (i) to (iii)
had been proved and he was imposed punishment of
withholding of 20% of the pension amount permanently of the
delinquent officer. It is due to this reason, learned counsel
appearing for the Patna High Court through the Registrar
Patna High Court CWJC No.8337 of 2018 dt.07-08-2025
General submits that the decision not to join the petitioner had
been taken in accordance with the Hon'ble Division Bench's
decision as well as the findings recorded by the Court.
6. After hearing the parties and upon perusal of the
documents, it is necessary to quote the relevant rules/provisions
as discussed above. Rule 6(ii) of the Bihar Civil Court Staff
(Class III and Class IV) Rules, 2009 reads as follows:-
"6(ii) Constitution of Appointment
Committee- In each district there shall be an
Appointment Committee, comprising of the
District Judge and two senior-most Additional
District Judges in the Judgeships. In case
however, it comes to the knowledge that any
one of the candidates is a relation of any of
the members of such Committee and/or for
any other reason, if any of the Members of the
Committee is unable to participate, in that
event the next senior most Judicial Officer
available in the Judgeship shall be included in
the Committee. It is however, made clear that
irregularity in the constitution of such
committee shall not invalidate any
appointment or any other action taken by such
Committee on that ground alone."
Rule 3 of the Bihar Government Servant's Conduct
Rules, 1976 reads as follows:-
Patna High Court CWJC No.8337 of 2018 dt.07-08-2025
"3. General. (1) Every Government servant
shall at all times-
(i) maintain absolute integrity;
(ii) maintain devotion to duty; and
(iii) do nothing which is unbecoming of a
Government servant.
(2) Every Government servant holding a
supervisory post shall take all possible steps
to ensure the integrity and devotion to duty of
all Government servants for the time being
under his control and authority.
(3) No Government servant shall, in the
performance of his official duties or in the
exercise of power conferred on him, act
otherwise than in his best judgment except
when he is acting under the direction of his
official superior and shall; where he is acting
under such direction, obtain the direction in
writing wherever practicable, and where it is
not practicable to obtain the direction in
writing he shall obtain written confirmation of
the direction as soon thereafter as possible."
7. Here in the present case, admittedly, the
appointment letter was issued to the petitioner on 02.06.2017 by
the District & Sessions Judge, Kaimur at Bhabhua, with a
direction to join on or before 01.07.2017 i.e., prior to the
decision taken in the case of Bihar Yuva Adhiwakta Kalyan
Samitee, Patna, which was finally disposed of vide order dated
Patna High Court CWJC No.8337 of 2018 dt.07-08-2025
17.04.2018 passed in CWJC No.14136 of 2017 in which it has
been clearly held that process of selection which has been made
under old Rule prior to 12.09.2017 but after consideration of the
Standing Committee dated 12.09.2017 onward, no order for
appointment was issued nor the candidate join on the appointed
post.
8. Here in the present case, the appointment letter was
issued on 02.06.2017, joining was accepted on 23.01.2018, but
petitioner was restrained from marking his attendance vide order
dated 21.02.2018. Therefore, the order passed by the Hon'ble
Division Bench in CWJC No.14136 of 2017 shall not create any
bar for the petitioner. So far as Rule 6(ii) of the Bihar Civil
Court Staff (Class-III and Class-IV) Rules, 2009 is concerned, it
clarifies that irregularity in the constitution of such Committee
as like that in case of petitioner shall not invalidate any
appointment or any other action taken by such Committee on
that ground alone. Therefore, due to this reason the appointment
of the petitioner shall not be invalidated in compliance of Rule
6(ii) of the Bihar Civil Court Staff (Class-III and Class-IV)
Rules, 2009.
9. On the other hand, the order restraining the
petitioner from marking attendance, contained in Memo No. 169
Patna High Court CWJC No.8337 of 2018 dt.07-08-2025
dated 21.02.2018 (impugned Order No.20/2018 dated
21.02.2018) has been passed without giving any opportunity to
the petitioner. It is due to this reason that this order has been
passed in gross violation of Rule 6(ii) of the Bihar Civil Court
Staff (Class-III and Class-IV) Rules, 2009 and, hence, the
impugned order is hereby set aside. The matter is remitted back
to respondent No.4 and the said respondent is hereby directed to
take a decision afresh, in consultation with respondent No.3,
with regard to the petitioner and till taking final decision, it is
directed to accept the joining of the petitioner.
10. The District & Sessions Judge, Kaimur at
Bhabhua, is directed to permit the petitioner to mark attendance
as Class-IV employee of Civil Court, Bhabhua, from the date of
receipt/production of a copy of this order and take work from
him in pursuance of appointment letter and prior to taking any
decision afresh, opportunity of hearing shall be provided to the
petitioner.
11. With this direction, this writ petition is allowed.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08.08.2025
Transmission Date
