Patna High Court
Raj Kumar SinhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court did not quash the removal but directed the petitioner to seek redress through a representation and ordered the respondent to pass a reasoned order, thereby disposing the writ petition.
Summary
Raj Kumar Sinha, a contract Tax Collector in Motihari Nagar Parishad, was removed from service by a letter dated 05.01.2022 without any departmental inquiry or hearing, prompting him to file a writ petition seeking quashing of the removal order and reinstatement. The petitioner argued that his appointment was made through a public advertisement and that he performed multiple duties, yet was dismissed without observing principles of natural justice. The High Court noted the earlier partial relief granted in CWJC No.1949 of 2021 and observed that the removal order was passed by the Municipal Commissioner. The Court directed the petitioner to file a representation before the Secretary of the Urban Development and Housing Department within 30 days and ordered the respondent to issue a reasoned order after hearing both parties within 90 days. Consequently, the writ petition was disposed without quashing the removal order.
Issues considered
- Whether the removal of the petitioner from the post of Tax Collector without departmental proceedings violates the principles of natural justice
- Whether the order dated 05.01.2022 can be quashed and the petitioner reinstated
Subjects
- tax collector
- removal
- natural justice
- departmental proceeding
- writ petition
- administrative law
- Bihar
- municipal corporation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4218 of 2022
======================================================
Raj Kumar Sinha Son of Late Balrem Prasad Resident of Subhash Nagar,
Salahi Factory to Dhaka Road, P.s. - Town, Motihari, District- East
Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar Through the principal Secretary, Urban Development and
Housing Department, Government of Bihar, Patna.
2. The Principal Secretary, Urban Development and Housing Department,
Government of Bihar, Patna.
3. The Secretary, Urban Development and Housing Department, Government
of Bihar, Patna.
4. The Deputy Secretary - Cum- Director, Urban Development and Housing
Department, Government of Bihar, Patna.
5. The Municipal Commissioner, Municipal Council, Motihari.
6. Nagar Parishad, Motihari Through the Executive Officer.
7. The Executive Officer, Nagar Parishad, Motihari.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikas Kumar, Advocate
Mr. Mukesh Kumar, Adv.
Ms. Aradhna Kumari, Adv.
Mr. Akash Deep, Adv.
For the State : Mr. Yogendra Pd. Sinha (AAG-7)
Mr. Rajeev Kr Sinha, ACtoAAG-7
For the Municipal Corporation, Motihari : Mr. Surendra Pd. Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 13-01-2026 Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the Municipal
Corporation, Motihari.
2. The present writ petition has been filed for the
following reliefs:-
a. For quashing of Letter No. 19
dated 05.01.2022 issued by the Municipal
Patna High Court CWJC No.4218 of 2022(4) dt.13-01-2026
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Commissioner, Municipal Council, Motihari
whereby and where under petitioner has
been removed from service of Tax Collector
of Motihari Nagar Parishad without
initiating any departmental proceeding and
considering the representation of the
petitioner in its true prospective.
b. For direction to the respondent
authorities to allow the petitioner to
continue as Tax Collector in Nagar
Parishad, Motihari.
c. For any other relief/reliefs for
which the petitioner is found entitled too.
3. Learned counsel for the petitioner submits that the
petitioner was appointed on the basis of an advertisement
published in the daily newspaper Dainik Jagaran to the post of
Account Assistant, Tax Collector, Computer Operator, and
Back-Hu Loader Driver on a contract basis. Counsel further
submits that the petitioner used to perform all four types of
work assigned by the organization, and an appointment letter
had also been issued to him. In light of the directions given by
the Executive Officer, Nagar Parishad, Motihari, he started
performing various types of work. However, the petitioner was
removed from the service of Tax Collector without initiating any
departmental proceedings and without being given a proper
Patna High Court CWJC No.4218 of 2022(4) dt.13-01-2026
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opportunity of hearing, vide Letter No. 1808 dated 01.10.2020.
4. Thereafter, the petitioner approached this Court in
CWJC No. 1949 of 2021, in which, vide order dated
14.12.2021, the petitioner was directed to furnish his further
explanation within a period of one week from the date of receipt
of the order. On receipt of the petitioner’s explanation, the
competent authority was directed to proceed to pass order in
accordance with law. With these observations, the earlier writ
petition was allowed in part in favor of the petitioner.
5. Counsel further submits that thereafter, the
petitioner filed a representation, but the respondents were
prejudiced against the petitioner and passed an order dated
05.01.2022, by which the petitioner was removed from the post
of Tax Collector. Thereafter, the petitioner again moved before
this Court.
6. It transpires to this Court that the Commissioner,
Nagar Parishad (now Municipal Corporation), has passed an
order for the removal of the petitioner.
7. In the present facts and circumstances, the
petitioner is hereby directed to challenge the same by filing a
representation before the Secretary, Urban Development and
Housing Department, Government of Bihar, Patna (respondent
Patna High Court CWJC No.4218 of 2022(4) dt.13-01-2026
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no. 3), within 30 days from the date of this order. Respondent
no. 3 is hereby directed to pass a reasoned and speaking order
after hearing both parties, within 90 days thereafter.
8. It is made clear that the counting of time shall be
made from the date of appearance of both parties, i.e., the
petitioner and the Municipal Commissioner, Municipal Council,
Motihari.
9. In view of the above, the present writ petition
stands disposed of.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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