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Patna High Court

Chand KumariversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Collector’s order is not illegal; the writ petition is dismissed.

Summary

The petitioner, Chand Kumari, a Panchayat Sevika, challenged the Collector of Samastipur’s order dated 24‑04‑2025 which set aside her reinstatement order and terminated her service. She claimed the Collector had not properly considered her documents and sought a certiorari to quash the order and mandamus for payment of salary arrears from March 2024 to September 2024 and April 2025. The State argued that the matter had been examined twice by the District Programme Officer and the Collector, who relied on an enquiry report and considered all aspects before passing the order. The High Court examined whether the Collector’s order was illegal or violative of natural justice. Finding no illegality in the Collector’s decision, the Court dismissed the writ petition but directed the District Programme Officer to verify the petitioner’s work before ordering any salary payment.

Issues considered

  • Whether the Collector’s order setting aside the petitioner’s reinstatement is illegal and liable to be set aside by a writ of certiorari.
  • Whether the petitioner is entitled to arrears of salary for the period March 2024 to September 2024 and April 2025.
  • Whether the enquiry report and the Collector’s consideration satisfy the requirements of natural justice in administrative decisions.

Subjects

  • writ jurisdiction
  • certiorari
  • mandamus
  • public employment
  • reinstatement
  • salary arrears
  • administrative law
  • collector
  • district programme officer

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.3322 of 2026
     ======================================================
     Chand Kumari W /o Sikander Das, resident of village- Buniyadpur, Ward No.-
     3, Block- Shivaji Nagar, Police Station-Hathouri, District- Samastipur.

                                                                  ... ... Petitioner/s
                                         Versus

1.   The State of Bihar through its Principle Secretary, Dept. of Education, Bihar,
     Patna
2.   The Collector, Samastipur.
3.   The District Program Officer, Samastipur
4.   The C.D.P.O, Shivaji Nagar, Samastipur.
5.   Sujata Kumari W/O Suman ji Jha, resident of village- Buniyadpur, Ward
     No.-3, Block- Shivaji Nagar, Police Station-Hathouri, Distt.- Samastipur


                                                                ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr.Vivek Kumar, Advocate
     For the Respondent/s   :       Mr.Standing Counsel (11)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                  ORAL JUDGMENT
      Date : 10-03-2026
                At the outset, learned counsel for the petitioner prays

      for and is permitted to make necessary correction in paragraph

      no. 1(i) of the writ petition to the effect that ‘Commissioner,

      Samastipur’ shall be read as ‘District Magistrate, Samastipur’

      which was typed inadvertently

                    2. Heard learned counsel for the petitioner and learned

      counsel for the State.

                    3. The present writ petition has been filed with the
Patna High Court CWJC No.3322 of 2026 dt.10-03-2026
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         following relief/s :-

                                           “i) A certiorari setting aside the
                              order dated 24.04.2025 passed in Appeal No. 6
                              of 2025(Annexure-11) passed by learned
                              District Magistrate, Samastipur, whereby and
                              whereunder         the   petitioner   has   illegally
                              terminated/retrenched from the work/service of
                              Panchayat Sevika.
                                           ii) A mandamus commanding and
                              directing the respondent concerned to make
                              payment of arrear of salary from the period of
                              March 2024 to September 2024 and April
                              2025.
                                           iii) And/or any other writ/writs,
                              direction/directions, order /orders relief/reliefs
                              for which the petitioner is found entitled.”


                     4.     Learned counsel appearing for the petitioner

         submits that the petitioner participated in the advertisement

         process for appointment to the post of Panchayat Sevika in Ward

         No. 3, Rahiyar North Gram Panchayat, under Shivaji Nagar

         Prakhand, District Samastipur. Learned counsel further submits

         that a merit list was prepared in which the petitioner was

         selected and thereafter she was sent for training at the notified

         Training Centre. It is further submitted that the petitioner

         submitted her application along with all relevant documents

         before the C.D.P.O., Shivajinagar, Samastipur on 01.03.2019
Patna High Court CWJC No.3322 of 2026 dt.10-03-2026
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         and started discharging her duties sincerely. Subsequently,

         respondent no. 5, namely, Sujata Kumari, filed a complaint

         before the District Programme Officer, Samastipur in Case No.

         247 of 2019 alleging therein that the petitioner was not residing

         in Ward No. 3. Thereafter, the District Programme Officer,

         Samastipur, after hearing the parties, passed an order in Case

         No. 247 of 2019 on 13.07.2019 removing the petitioner from the

         aforesaid post. Learned counsel further submits that the

         petitioner challenged the said order dated 13.07.2019 before the

         Collector, Samastipur by filing Appeal Case No. 438 of 2019,

         whereupon the Collector, after hearing the parties, set aside the

         order dated 13.07.2019 passed by the District Programme

         Officer, Samastipur and remitted the matter for reconsideration

         vide order dated 10.03.2023.

                     5. Learned counsel further submits that upon

         reconsideration of the matter, the District Programme Officer

         passed an order dated 11.01.2024 reinstating the petitioner on

         the post of Panchayat Sevika. The said order was again

         challenged before the Collector, Samastipur by filing Appeal

         No. 6 of 2024. Thereafter, the Collector, Samastipur set aside

         the order dated 11.01.2024 passed by the District Programme

         Officer, Samastipur in Case No. 438 of 2019/247 of 2019 vide
Patna High Court CWJC No.3322 of 2026 dt.10-03-2026
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         order dated 24.04.2025. Learned counsel submits that the

         documents produced by the petitioner were not properly

         considered by the Collector and the order has been passed only

         on the basis of the enquiry report. Therefore, it is submitted that

         the impugned order requires interference by this Court and the

         same be set aside.

                     6. On the contrary, learned counsel for the State

         submits that the dispute has been examined by the District

         Programme Officer twice as well as by the Collector twice. It is

         further submitted that an enquiry officer was appointed and the

         enquiry officer has submitted a report after discussing the entire

         factual situation. The Collector, while passing the impugned

         order, has considered every aspect of the matter in detail.

                     7. Upon perusal of the impugned order passed by the

         Collector, Samastipur, it transpires to this Court that there is

         nothing illegal in the order dated 24.04.2025 passed in Appeal

         No. 6 of 2024 which warrants interference by this Court.

                     8. As such, this Court is not inclined to interfere with

         the impugned order. Accordingly, the writ petition stands

         dismissed.

                     9. However, if the petitioner has worked during the

         period for which payment has been claimed in the relief portion,
             Patna High Court CWJC No.3322 of 2026 dt.10-03-2026
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                      the District Programme Officer, Samastipur is directed to pass

                      an appropriate order for payment of salary for the said period

                      only after verification that the petitioner had actually worked

                      during the said period.



                                                  (Dr. Anshuman, J)

Ashwini/-
AFR/NAFR
CAV DATE                NA
Uploading Date          11/03/2026
Transmission Date       NA


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