Created by Fuzzy Cloud

Patna High Court

Raj Kumar SinhaversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/4




                                  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
                                            3/4




          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
                                                     4/4




                   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


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.