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2026 DAILYLAW 28876 (PAT)

Rajkapur Kumar Raj @ Rajkapur Raj v. The State of Bihar

CWJC/11925/2026 · 2026-08-13

Anshuman

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11925 of 2026 ====================================================== Rajkapur Kumar Raj @ Rajkapur Raj S/O- Late Baleshwar Mahto, Vill - Purani Bazar, Ward no. - 09, P.o-Narkatiaganj, p.s-Shikarpur, Dist -West Champaran ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna. 2. The District Magistrate, West Champaran, Bettiah. 3. The Sub-Divisional Officer, Narkatiaganj, West Champaran. 4. The Block Development Officer, Narkatiaganj, West Champaran. 5. The Chairperson, Nagar Parishad, Narkatiaganj, West Champaran. 6. The Executive Officer, Nagar Parishad, Narkatiaganj, West Champaran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Yadav, Advocate For the State : Mr. Mujtabaul Haque, GP-12 : Mr. Vasant Vikas, AC to GP-12 For Respondent No. 5 &6: Mr. Prashant Kumar, Advocate Mr. Manaur Alam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 13-08-2026 Learned Counsel for the petitioner and learned Counsel for the respondents are present. 2. The present writ petition has been filed with the following relief/s:- “i. For issuance of an appropriate writ, order or direction, preferably in the nature of certiorari, quashing the decision of the Board of Nagar Parishad, Narkatiaganj dated 09.05.2026 and the consequential communication contained Patna High Court CWJC No.11925 of 2026(2) dt.13-08-2026 2/3 in Letter No. 699 dated 09.05.2026, whereby the petitioner has been removed from the post of Electrician (Bijli Mistri); ii. For a direction to the respondents to reinstate the petitioner in service with all consequential benefits, including continuity of service and wages; iii. For any such other relief or reliefs to which the petitioner may be found entitled in course of hearing of this writ application.” 3. After some argument, this Court has put some specific query with regard to nature of the employment of the petitioner. 4. In response thereto, learned counsel for the petitioner submits that he is not in a position to explain before this Court the nature of the petitioner’s appointment, namely, whether he was engaged as a daily wager, on a contractual basis, or under any other form of irregular employment. 5. In view of the aforesaid submission, this Court is not inclined to grant any relief to the petitioner in the present proceeding. However, liberty is granted to the petitioner to approach the competent Labour Forum. The Labour Superintendent shall, upon such approach, initiate conciliation proceedings in accordance with law. In the event the dispute is not resolved through conciliation, the matter shall be referred for adjudication by way of an appropriate reference before the competent authority, within the period stipulated under the Patna High Court CWJC No.11925 of 2026(2) dt.13-08-2026 3/3 applicable law. 5. Accordingly, with the aforesaid observation and direction, the present writ petition stands disposed off. Manshi/- (Dr. Anshuman, J) U