Patna High Court
Chandrakala Kumari @ Chandrakala DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
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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
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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
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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.
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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
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