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Patna High Court

Amit KumarversusThe State of Bihar through the Principal Secretary,

Decided
Disposal
DISMISSED

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
                                           2/3




         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
                                                        3/3




                      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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