Created by Fuzzy Cloud

Patna High Court

Chandrakala Kumari @ Chandrakala DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The revisional order dated 30‑12‑2024 is set aside and the matter is remanded to the Commissioner, Magadh Division, Gaya to decide on merit within 90 days.

Summary

The petitioner, a former Anganwadi Sevika, filed a writ petition challenging several orders that led to her removal, alleging that the revisional order dated 30‑12‑2024 was passed without consideration of merit. The High Court examined whether the revisional authority had erred in basing its decision merely on the petitioner’s alleged lack of seriousness and carelessness, rather than on substantive merits. The Court held that the revisional order was indeed not decided on merit and therefore was vitiated. Consequently, the order was set aside and the matter was remanded to the Commissioner, Magadh Division, Gaya to pass a merit‑based order within ninety days after all parties appear. The writ petition was thereafter disposed of.

Issues considered

  • Whether the revisional order dated 30‑12‑2024 passed by the Commissioner, Magadh Division, Gaya was decided on merit.
  • Whether the revisional order should be set aside and the matter remanded for a merit‑based decision.

Subjects

  • writ petition
  • revision
  • administrative law
  • procedural fairness
  • Anganwadi Sevika
  • reinstatement
  • set aside
  • remand

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3192 of 2026
                 ======================================================
                 Chandrakala Kumari @ Chandrakala Devi Wife of Amirak Thakur, Resident
                 of Village- Safepur, Post- Nonahi, P.S.- Kako, District- Jehanabad, State-
                 Bihar, PIN- 804418.

                                                                               ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Chief Secretary, Bihar, Patna.
           2.    The Chief Secretary, Government of Bihar, Patna.
           3.    The Commissioner, Magadh Division, Gaya.
           4.    The District Magistrate, Jehanabad.
           5.    The District Programme Officer, Jehanabad.
           6.    The District Statistical Officer Cum Additional Registrar (Birth-Death),
                 Jehanabad.
           7.    The Child Development Project Officer, Kako, Jehanabad.
           8.    Anju Devi, Sahaayika, W/o Umesh Kumar, Aanganwadi Centre Name-
                 Nonahi Matth, Code- 66, Village- Nonahi- Matth, Panchayat- Nonahi,
                 Block- Kako, P.S.- Kako, District- Jehanabad.
           9.    Umesh Kumar, Son of Late Madan Mahtoo, H/o anju Devi, Sahaayika R/o
                 Village- Nonahi Math, Post- Nonahi, P.S.- Kako, District- Jehanabad.
           10. Sulekha Devi, Wife of Late Umesh Prasad, Village- Nonahi Math, Post-
               Nonahi, P.S.- Kako, District- Jehanabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Deepak Kishore, Advocate
                 For the Respondent/s   :       Mr. Ravi Kumar, AC to GP-13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   10-03-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. The present writ petition has been filed for the

                   following reliefs:-

                                                       (i) Issuance of an appropriate
                                            writ/ writs, order/ orders, direction /
Patna High Court CWJC No.3192 of 2026(2) dt.10-03-2026
                                            2/5




                                  directions, as the revision order dated
                                  30.12.2024, dated 31.7.2025 passed by the
                                  Commissioner, Magadh Division Gaya as
                                  contained in Aanganbari Revision Case No.
                                  150/2023         dated     30.12.2024,        dated
                                  31.07.2025         (Annexure-P/8       and     P/9
                                  respectively) as well as the appellate order
                                  dated 27.08.2019 / 11.04.21 passed by the
                                  District Magistrate, Jehanabad contained in
                                  Aanganbari        Sevika      Appeal   Case    No.
                                  18/DM/2018 dated 27.08.2019 (Annexure-
                                  P/7 to this writ petition) and impugned order
                                  dated 15.05.2018 passed by the District
                                  Programme Officer, Jehanabad contained in
                                  memo      no.     605/G./P.    Jehanabad      dated
                                  15.05.2018        (Annexure-P/4)       read    with
                                  Enquiry Report of District Statics Officer
                                  Cum Additional Registrar (Birth-Death),
                                  Jehanabad contained in letter no. 807, dated
                                  30.11.2017 (Annexure-P/3) be quashed.
                                               ii. For a further direction on the
                                  respondents petitioner should be reinstated
                                  to her post as a "Sevika" in regards of
                                  Aanganwari Centre- Nonahi Matth Code No.
                                  66, Panchayat Nonahi, Block - Kako, P.S. –
                                  Kako, District - Jehanabad. Since, the
                                  petitioner has been removed from her
                                  position "Aanganbari Sevika" on erroneous
                                  grounds, without being provide with the
                                  necessary documents upon which charge
Patna High Court CWJC No.3192 of 2026(2) dt.10-03-2026
                                            3/5




                                  was based and without being given a
                                  reasonable opportunity to be heard.
                                               iii. For a further direction to the
                                  respondents that the petitioner should be
                                  acquitted from the charges. As which is
                                  based on false grounds as well as not
                                  supported by relevant documents. So, such
                                  fake charge is not sustainable in view of law.
                                               iv. Any other relief or reliefs be
                                  also granted to the petitioner for which they
                                  may be found entitled too.


                      3. Learned counsel for the petitioner submits that the

          petitioner has lost his case at every level, but he puts emphasis

          that the order passed by the Commissioner, Magadh Division,

          Gaya has not been considered on merit. He further submits that

          the petitioner had handed over his file to his Advocate and

          subsequently, upon rejection of his revision, he became aware

          that the order had been passed on many reasons assigned in the

          order sheet, particularly that the petitioner was not serious about

          the hearing of his revision and that the precious time of the

          Court had been wasted. He further submits that the revisional

          order has not been passed on merit, therefore, this aspect may be

          taken into consideration.

                      4. Learned counsel for the State, on the other hand,
Patna High Court CWJC No.3192 of 2026(2) dt.10-03-2026
                                            4/5




          submits that the petitioner has lost at the Original Level,

          Appellate Level as well as Revisional Level and he has very

          limited scope in the present writ petition.

                      5. After hearing the parties and perusal of the record,

          it transpires to this Court that the revisional order has not been

          passed on merit and only on the ground of carelessness and non-

          seriousness in placing the case before the revisional authority,

          this order has been passed.

                      6. This Court is of the view that in such situation the

          parties are not responsible, rather, it is the counsel who has to

          appear and defend. Since the order has not been passed on

          merit, the revisional order dated 30.12.2024 passed in

          Anganbari Revision Case No. 150 of 2023 is hereby set aside.

          The matter is remanded back to the Commissioner, Magadh

          Division, Gaya (respondent No. 2) directing him to pass an

          order on merit within 90 days upon production of this order

          sheet by the petitioner before him.

                      7. It is made clear that upon production of this order,

          the Commissioner, Magadh Division, Gaya (respondent No. 2)

          shall issue notice to all the concerned and, upon appearance of

          all concerned, the respondent No. 2 shall pass an order on merit

          within 90 days.
         Patna High Court CWJC No.3192 of 2026(2) dt.10-03-2026
                                                     5/5




                               8. It is also made clear that the said 90 days shall be

                   counted from the date of completion of appearance of all

                   concerned.

                               9. Accordingly, the present writ petition stands

                   disposed of.



                                                                  (Dr. Anshuman, J.)


Aman Kumar/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.