Patna High Court
Ashutosh Kumar AnshuversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
Holding
The Court did not rule on the merits but directed the Director, ICDS, to dispose of the pending appeal and disposed of the writ petition.
Summary
The petitioner, a contractual Data Entry Operator appointed by Bihar State Electronics Development Corporation, was terminated by the Child Development Project Officer (CDPO) on 4 October 2012 without prior notice, allegedly for failing to upload monthly progress reports. The petitioner claimed technical difficulties prevented full upload and sought quashing of the termination order, reinstatement, and payment of salary arrears. The respondents contended that the petitioner repeatedly failed to submit the required reports despite multiple directives, justifying termination for negligence. The petitioner also filed an appeal before the Director, ICDS, Patna, which remained pending. The High Court, without adjudicating the merits, directed the Director, ICDS, to dispose of the pending appeal within four weeks and ordered the writ petition to stand disposed.
Issues considered
- Whether termination of a contractual employee without prior notice violates principles of natural justice.
- Whether the petitioner is entitled to reinstatement and payment of salary arrears.
- Whether the court should intervene in the pending administrative appeal before the Director, ICDS.
- Whether the alleged failure to submit monthly progress reports justifies termination.
Subjects
- termination
- contractual service
- procedural fairness
- notice
- writ petition
- administrative law
- employment
- ICDS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21636 of 2013
======================================================
Ashutosh Kumar Anshu Son Of Raj Nandan Prasad Resident Of Village-
Manoura, Bajitpur, P.O.- Obra, District- Aurangabad
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The District Magistrate, Aurangabad
3. The Director I.C.D.S., Patna
4. The Incharge, Human Resources Development Deptt. Bihar State
Electronics Development Corporation Limited, Patna, Beltron Bhawan
Shastri Nagar, Patna- 800023
5. The District Programme Officer, Aurangabad
6. The Child Development Project Officer, Goh, District- Aurangabad
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailesh Kumar Singh, Adv.
For the Respondent/s : Mr. Rajeshwar Singh, G.A. 10.
Mr. Jitendra Kumar, AC to GA 10
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
CHAKRAVARTHY
ORAL ORDER
5 09-02-2026 1. The present Writ application has been
filed by the petitioner with a prayer for quashing
the order 04.10.2012 contained in letter no. 135
issued by the Child Development Project Officer,
Goh, Aurangabad (hereinafter referred to as
“CDPO”), by which, service of the petitioner as
Data Entry Operator has been terminated, without
giving any prior notice to the petitioner.
2. The petitioner has also prayed for a
Patna High Court CWJC No.21636 of 2013(5) dt.09-02-2026
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direction to the respondent authorities for ensuring
the payment of arrears of salary for the period he
had performed his duties and also to reinstate him
in service.
3. The brief facts as culled out from the
Writ petition are that pursuant to letter no. M.P.
3614 of 2011 dated 07.07.2011 issued by the Bihar
State Electronics Development Corporation
Limited, the petitioner was appointed as a Data
Entry Operator on contractual basis on 07.07.2011.
Thereafter, he gave his joining before the CDPO,
Goh, Aurangabad on 01.10.2011, but he was not
accepting the joining of the petitioner, for which,
the petitioner made an application before the
District Programme Officer, Aurangabad on
17.12.2011 for accepting his joining. The CDPO,
Goh, Aurangabad vide letter dated 16.05.2012
directed the petitioner for online submission of
monthly progress report for the month of April,
2012 within two days before the Directorate, ICDS,
Patna. The CDPO, Goh, Aurangabad, again, vide
letter dated 20.05.2012, directed for online
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submission of monthly progress report for the
months of February, March, April and May, 2012.
4. It is the specific contention in the Writ
petition that the petitioner took every effort to and
uploaded the monthly progress report on the
website of the Directorate, ICDS, Patna on time,
but due to technical difficulty from Aangabari
Centres, 100% monthly progress report could not
be uploaded. The respondent no. 4 with malafide
intention has complained that 100% monthly
progress report has not been uploaded by the
petitioner. It is stated that the CDPO, Goh,
Aurangabad without providing any opportunity to
the petitioner has terminated him from service
vide letter no. 135 dated 04.10.2012, and further
the termination order was not supplied to the
petitioner.
5. Being aggrieved by the action of the
respondents, the petitioner has preferred the
present Writ application challenging the order of
his termination.
6. A detailed counter affidavit was filed by
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the respondent nos. 2, 5 and 6 denying all the
materials allegations made in the Writ petition. The
contents of the counter affidavit disclose that the
appointment of the petitioner as a Data Entry
Operator is not at all in dispute, but the petitioner
failed to sent monthly progress report of Aangabari
Centres under Goh Block for the months of
February, March, April and May, 2012 to the
Directorate, ICDS, Patna, the then CDPO, Goh,
Aurangabad vide letter no. 50 dated 20.05.2012
ordered the petitioner to send the required
monthly progress report for the said months. In
spite of the said order, the petitioner did not
upload the details of monthly progress report till
the month of September, 2012 and did not send
the required aforesaid monthly progress report to
the Directorate, ICDS, Patna due to which, an
explanation was also called for by the Directorate,
ICDS, Patna from the then CDPO, Goh,
Aurangabad. Pursuant to it, the CDPO, Goh vide
office memo no. 120 dated 08.09.2012, again
ordered the petitioner, the Data Entry Operator to
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upload the required monthly progress report but it
was not done by the petitioner. Under the
compelling circumstances, the required monthly
progress report was uploaded by the then CDPO,
Goh, Aurangabad through local Basudha Kendra
which clearly showed that the petitioner was
negligent in discharging his official duties, for
which he was terminated from his contractual
services, vide order dated 04.10.2012 and,
therefore, the respondents prayed for dismissal of
the Writ petition as it is devoid of merits.
7. The Learned counsel for the petitioner
contended that the petitioner has preferred an
appeal before the Director, ICDS, Patna against the
order of his termination on 04.04.2013, which has
been annexed in the writ petition as Annexure -7,
which is still pending before him and, therefore,
restricts his prayer to direct the respondent no 3.
to pass appropriate orders on the said appeal
preferred by the petitioner.
8. Heard the Learned counsel for the
petitioner and the Learned counsel for the
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respondents.
9. Since, the counsel for the petitioner
makes a limited prayer for disposal of the appeal
filed by the petitioner before the Director, ICDS,
Patna, this Court without going into the merits of
the case, directs respondent no. 3/ Director, ICDS,
Patna to dispose of the appeal preferred by the
petitioner by a reasoned and speaking order in
accordance with law preferably within a period of
four weeks from the date of receipt/production of a
copy of this order.
10. With the aforesaid observation
/direction, the Writ petition stands disposed off.
(G. Anupama Chakravarthy, J)
sunilkumar/-
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