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Patna High Court

Draupadi KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                           2/3




                                 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
                                                        3/3




                      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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