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Patna High Court

Punam DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioner must first file a representation before the District Magistrate‑cum‑Chairman of the District Jal and Swakshta Samiti, and the writ petition is disposed.

Summary

Petitioner Punam Devi filed a writ petition seeking a selection/appointment letter and monetary benefits for the post of Swakshta Supervisor, claiming that the Mathurapur Panchayat had already resolved to appoint her. The State argued that the matter falls under the Lohiya Swaksh Bihar Abhiyan Phase‑2 guidelines, specifically clause‑27, which mandates that grievances be first addressed to the designated forum – the Block Development Officer at block level and the District Magistrate at district level. The Court held that the petitioner had not exhausted this statutory grievance mechanism and therefore could not approach the High Court directly. Accordingly, the Court directed the petitioner to file her representation before the District Magistrate‑cum‑Chairman of the District Jal and Swakshta Samiti within 30 days. The District Magistrate was further instructed to fix a hearing and decide the matter within 90 days from the appearance of all parties. With these directions, the writ petition was disposed.

Issues considered

  • Whether the petitioner is required to first approach the grievance forum under clause‑27 of the Lohiya Swaksh Bihar Abhiyan Phase‑2 guidelines before filing a writ petition.
  • Whether the High Court has jurisdiction to entertain the petition without exhaustion of the prescribed administrative remedy.

Subjects

  • appointment
  • selection letter
  • grievance forum
  • administrative law
  • writ petition
  • Swakshta Supervisor
  • Lohiya Swaksh Bihar Abhiyan
  • District Magistrate jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4371 of 2026
                 ======================================================
                 Punam Devi Wife of Prakash Kumar Das Resident of village and P.O.-
                 Mathurapur, P.S.- Kahalgaon, District- Bhagalpur.

                                                                            ... ... Petitioner/s

                                                   Versus

           1.    The State of Bihar through the Principal Secretary, Rural Development
                 Department, Government of Bihar Patna.
           2.    The Principal Secretary, Rural Development Department, Government of
                 Bihar Patna.
           3.    The Director, Rural Development, Government of Bihar Patna.
           4.    The District Magistrate -cum- Chairman, District Jal and Swakshta Samiti,
                 Bhagalpur.
           5.    The Deputy Development Commissioner -cum- Chairman, Jila Jal and
                 Swakshta Samiti, Bhagalpur.
           6.    The Director -cum- Member Secretary, District Jal and Swakshta Samiti,
                 Bhagalpur.
           7.    The Sub- Divisional Magistrate, Kahalgaon, Bhagalpur.
           8.    The Block Development Officer -cum- Block Project Monitoring Unit,
                 Kahalgaon, Bhagalpur.
           9.    Mukhiya, Gram Panchayat- Mathurapur, Block- Kahalgaon, (Bhagalpur).

                                                                          ... ... Respondent/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Indeshwari Prasad Mandal, Advocate
                 For the State          :      Mr. Mujtabaul Haque (GP-12)
                                               Mr. Vasant Vikas (AC to GP-12)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   26-03-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                 2. The present writ petition has been filed directing

                   the respondents to grant selection/appointment letter to the post
Patna High Court CWJC No.4371 of 2026(2) dt.26-03-2026
                                            2/3




          of Swakshta Supervisor to the petitioner along with monetary

          benefits on the ground that the Mathurapur Panchayat has

          already passed resolution selecting the petitioner on the said

          post and/or pass such other order/orders as may deem fit and

          proper.

                      3. Learned counsel for the State raised a preliminary

          objection and submits that the present matter is relating to

          Lohiya Swaksh Bihar Abhiyan Phase-2. Counsel submits that

          clause-27 of the said guidelines talks about the forum of

          grievances. He submits that at block level, the B.D.O is the

          person who is the head and at the district level, it is the District

          Magistrate who is the head. The petitioner has not avail her

          remedy before the District Magistrate and directly moved before

          this Hon’ble Court.

                      4. As such, the petitioner is hereby directed to file her

          representation along with a copy of this order before the District

          Magistrate-cum Chairman District Jal and Swakshta Samiti,

          Bhagalpur (Respondent no.4), within 30 days. Upon receiving

          the petitioner’s representation, the respondent no.4 is directed to

          fix this matter for hearing with all concerned and decide within

          90 days. The said 90 days shall be counted upon appearance of

          all concerned.
             Patna High Court CWJC No.4371 of 2026(2) dt.26-03-2026
                                                         3/3




                                   5. Accordingly, with the aforesaid direction, this writ

                       petition stands disposed off.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U


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