Patna High Court
Kanchan KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court held that the petitioner’s grievance has been settled and therefore the writ petition stands disposed of.
Summary
The petitioner, Kanchan Kumari, filed a writ petition seeking payment of arrears of honorarium that were stopped in May 2024 and alleging that another person (respondent No.9) had fraudulently assumed her identity to occupy an ANM post in East Champaran. She claimed her bank account was deactivated and her PAN was linked to a different Aadhaar due to the impersonation. The State counsel submitted that an enquiry had identified respondent No.9 as a fraud, an FIR was lodged, and the respondent had been terminated, and that the petitioner continued to receive honorarium until February 2025. The court found that the grievance had already been redressed by the State's actions and that there was no further relief to be granted. Consequently, the writ petition was dismissed as the matter was settled.
Issues considered
- Whether the petitioner is entitled to payment of arrears of honorarium after the alleged stoppage in May 2024.
- Whether the respondent authorities are required to investigate and take criminal action against respondent No.9 for impersonation.
- Whether the writ petition remains maintainable when the grievance has been allegedly redressed by the State.
Subjects
- honorarium
- salary arrears
- impersonation
- fraud
- public service employment
- writ petition
- administrative law
- bank account deactivation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.433 of 2025
======================================================
Kanchan Kumari Wife of Shadhusharan Prasad, daughter of Rameshwar
Prasad, resident of village - Parasadiha, P.S. - Nagarnausa, District - Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Health
Department, Government of Bihar Patna.
2. The Director (Health Services), Health Department, Government of Bihar,
Patna.
3. The District Magistrate, District- Supaul.
4. The Civil Surgeon-cum-Member Secretary, District Health Society, District -
Supaul.
5. The District Magistrate, District - East Champaran at Motihari.
6. The Civil Surgeon-cum-Member Secretary, District Health Society, District -
East Champaran at Motihari.
7. The Medical Officer I/c, Primary Health Centre, Raxaul, at Raxaul, District -
East Champaran.
8. The Branch Manager, Axis Bank Limited, Supaul Branch, District - Supaul.
9. Kanchan Kumari @ real name unknown, Wife of unknown, presently posted
as Auxiliary Nurse Midwife (ANM), Primary Health Centre, Raxaul, District
- East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. S.D. Yadav, AAG-9
Mr. Braj Bhushan Mishra, AC to AAG-9
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 27-04-2026 No one appears on behalf of the petitioner. However,
learned counsel for the State is present.
2. The present writ petition has been filed for the
following reliefs:-
a) To direct the Respondent
Authorities concerned to make payment of
arrears of honorarium / salary, which has
Patna High Court CWJC No.433 of 2025(4) dt.27-04-2026
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been abruptly stopped since May, 2024
without any rhyme or reason, to the
Petitioner who is working as Auxiliary Nurse
Midwife (ANM) at the Primary Health
Centre, Basantpur, District Supaul.
b) For a direction upon the
Respondent Authorities concerned to enquire
into the matter and take appropriate action
for removal of one Kanchan Kumari
(Respondent No. 9), presently posted as
Auxiliary Nurse Midwife (ANM), Primary
Health Centre, Raxaul, District East
Champaran as well as take appropriate
criminal action against her for
impersonating the Petitioner and securing
and continuing on the post of ANM on the
basis of certificates and credentials of the
Petitioner.
c) To pass any other order/orders
in shape of a consequential relief to which
the Petitioner may be found to be legally
entitled to in the facts and circumstances of
the instant case at hand.
3. From the writ petition, it transpires to this Court
that the basic claim of the petitioner is that she had applied for
the post of A.N.M. on a contractual basis in two districts,
namely Supaul and East Champaran, pursuant to different
advertisements issued in the year 2010. She was called for
Patna High Court CWJC No.433 of 2025(4) dt.27-04-2026
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counselling in both districts. However, she chose to appear at
Primary Health Centre, Basantpur, District Supaul, and started
continuing on the said post and discharging her duties.
4. It is alleged that respondent No. 9 took advantage
of the petitioner’s absence from the counselling held in East
Champaran and fraudulently joined in that district by
impersonating the petitioner. It further transpires that the
petitioner has been regularly working on the post of A.N.M. at
Primary Health Centre, Basantpur, District Supaul, and was
receiving regular honorarium/salary in her bank account
maintained with Axis Bank Limited (Supaul Branch) till April
2024. However, the petitioner’s bank account was deactivated
with effect from 11.05.2024.
5. Upon enquiry, it was revealed that the PAN number
of the petitioner had been linked with a different Aadhaar
number due to interpolation allegedly made by respondent No.
9. In this regard, the petitioner filed a detailed representation as
Annexure-P/6, but no action was taken by the respondent
authorities, hence, she has filed the present writ petition.
6. Learned counsel for the State, on the other hand,
submits that a counter-affidavit has been filed in which it has
been stated that, upon the representation of the petitioner, the
Patna High Court CWJC No.433 of 2025(4) dt.27-04-2026
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State has taken action. In the enquiry, it has come to light that
respondent No. 9, by impersonating the petitioner, was
continuing on the post on the basis of the petitioner’s certificates
and credentials.
7. After the petitioner filed the representation, it was
identified that respondent No. 9 is a fraudulent person.
Accordingly, an FIR has been lodged against respondent No. 9,
which is annexed as Annexure-B to the counter-affidavit, and
respondent No. 9 has already been terminated. In this manner,
the grievance of the petitioner raised in the present writ petition
has already been redressed.
8. It has also been mentioned in paragraph No. 10 of
the counter-affidavit that the petitioner has received her
honorarium from May 2024 to February 2025 as well, which is
annexed as Annexure-D.
9. In this view of the matter, it transpires to this Court
that the grievance of the petitioner has been settled, accordingly,
the present writ petition stands disposed of.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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