Patna High Court
Amit KumarversusThe State of Bihar through the Principal Secretary,
- Decided
- Disposal
- DISMISSED
- Bench
- HARISH KUMAR
Holding
The petition lacks merit and is dismissed.
Summary
Amit Kumar, a Kisan Salahkar, challenged an order dated 04.08.2018 that terminated his service on the ground that he had taken money from a farmer. He argued that the order was stigmatic and violated principles of natural justice because he was not given a fair opportunity to be heard. The respondents submitted that a complaint was investigated, a report confirmed misappropriation of Rs.4,000, and the petitioner was duly notified to appear, which he ignored. The court noted that the petitioner failed to respond to the notice and filed the writ petition three years after the decision, indicating undue delay. Considering the lack of participation and the belated filing, the court found no merit in the petition and dismissed it.
Issues considered
- Whether the termination order violated the principles of natural justice
- Whether the writ petition is maintainable given the petitioner's failure to appear and the three-year delay
Subjects
- natural justice
- service termination
- writ petition
- delay
- administrative law
- Kisan Salahkar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1710 of 2021
======================================================
Amit Kumar S/o Satyanarayan Chouhan, Resident of Village-Bairbanna, P.O.-
Rautara, P.S.-K. Hat, District-Purnia.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Social
Welfare Govt. of Bihar, Patna.
2. The District Magistrate, Purnea.
3. The District Agriculture Officer, Purnea.
4. The Block Development Officer, Amour, District-Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Choudhary, Sr. Advocate
Ms. Isha Anu, Advocate
For the Respondent/s : Mr. AG
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 02-07-2026
Heard Ms. Isha Anu, learned Advocate for the
petitioner and the learned Advocate for the State.
2. The challenge in the present writ petition is made
to an order dated 04.08.2018 issued in the meeting chaired by
the District Magistrate, Purnea in Kisan Salahkar Chayan
Samiti by which and whereunder the petitioner was removed
from the post of Kisan Salahkar based upon a complaint, in
connection with which the S.D.M., Bayasi passed the order
holding the petitioner guilty of taking money from the farmer
during survey in Bada Idgah, Gramp Panchayat.
3. Learned Advocate for the petitioner while
Patna High Court CWJC No.1710 of 2021 dt.02-07-2026
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assailing the order submitted that once the order under challenge
is stigmatic in nature, therefore, it should be passed at least
following the principles of natural justice.
4. A counter affidavit has been filed and it is
submitted that on receipt of a complaint regarding misconduct
of the petitioner, an enquiry was conducted and it has been
found that the petitioner has misappropriated Rs.4,000/- from
Sams Tabrej, the complainant and in this regard the Block
Development Officer, Amour has also submitted a report to the
District Agriculture Officer, Purnea vide letter No. 456 dated
13.04.2017. The Selection Committee headed by the District
Magistrate, Purnea in its meeting dated 04.08.2018 unanimously
decided to terminate the services of the petitioner.
5. From the record, it also appeared that the
petitioner was noticed vide letter No. 1049 dated 20.04.2017 to
appear and submit his reply but the reason best known to him,
he did not choose to appear before the authority and after three
years of the decision passed by the Kishan Salahkar Selection
Committee, the instant writ is filed.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties, and taking note
of the nature of the post held by the petitioner, as well as the fact
Patna High Court CWJC No.1710 of 2021 dt.02-07-2026
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that, despite having been served with the notice, the petitioner
did not participate in the proceedings and that the present writ
petition has been filed belatedly after three years, this Court
finds no merit in the present writ petition. Accordingly, the same
stands dismissed.
(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 03.07.2026
Transmission Date
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