Patna High Court
Draupadi KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The writ petition is dismissed, and the petitioner is directed to approach the appropriate authority before seeking judicial relief.
Summary
Draupadi Kumari filed a writ petition seeking a fair inquiry into alleged illegal money demands and misconduct by an Asha Facilitator (Respondent No.5), along with directions to restrain harassment and protect her service conditions. The State of Bihar, through its representatives, raised a preliminary objection that the petitioner had not approached the appropriate authority, namely the Mission Director of the State Health Society (Respondent No.2). The Court examined whether the petition was maintainable despite the alleged procedural lapse. Concluding that the petitioner must first exhaust the remedy before the designated authority, the Court dismissed the writ petition. It directed the petitioner to file a fresh representation before Respondent No.2 within 30 days, after which the authority must consider the matter and issue a reasoned order within 90 days.
Issues considered
- The petitioner’s failure to approach the designated authority (Respondent No.2) before filing the writ petition
- Whether the High Court can entertain the writ petition despite the procedural lapse
Subjects
- writ petition
- preliminary objection
- jurisdiction
- administrative remedy
- health department
- disciplinary action
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6950 of 2026
======================================================
Draupadi Kumari Wife of Shankar Prasad Sah, Resident of Village- Missi,
Police Station- Kusheshwar Asthan, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Health,
Govt. of Bihar, Patna.
2. The Mission Director, State Health Society, Bihar, Patna.
3. The Civil Surgeon-Cum-Member Secretary, District Health Samiti,
Darbhanga.
4. The Medical Officer, In-Charge, Primary Health Centre, Kusheshwar
Asthan, East at Satighat, Police Station- Kusheshwar Asthan, District-
Darbhanga.
5. Smt. Renu Jha, Asha Facilitator, Primary Health Centre, Kusheshwar
Asthan, East at Satighat, Police Station- Kusheshwar Asthan, District-
Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jagdish Prasad Singh, Advocate
For the Respondent/s : Mr. Standing Counsel (15)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 05-05-2026
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed with the
following reliefs:
“I. An appropriate writ or
direction be issued commanding the
Respondents to conduct a fair time bound
Patna High Court CWJC No.6950 of 2026 dt.05-05-2026
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enquiry into the illegal demand of money
and misconduct of Respondent No. 5 and to
take disciplinary action against Respondent
No. 5 in accordance with law.
II. An appropriate writ or
direction be issued restraining the
Respondent No. 5 from harassing or
defaming the petitioner.
III. An appropriate direction be
passed to ensure protection of service,
honour and working condition of petitioner.
IV. Any other appropriate writ or
direction may be passed which may be
applicable in the facts and circumstances of
the case.”
3. Learned counsel for the State raises a preliminary
objection and submits that the petitioner has not approached the
appropriate authority, namely respondent no. 2 in the present
case.
4. In that view of the matter, this writ petition is
disposed of with a direction to the petitioner to avail her remedy
by filing a fresh representation, along with a copy of this order,
before respondent no. 2, the Mission Director, State Health
Society, Bihar, Patna, within a period of 30 days from today.
Upon receipt of such representation, respondent no. 2 shall
Patna High Court CWJC No.6950 of 2026 dt.05-05-2026
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consider the same and pass a reasoned and speaking order, after
affording an opportunity of hearing to all concerned, within a
period of 90 days thereafter.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 06.05.2026
Transmission Date
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