Patna High Court
Punam DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
Checking your session…