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Patna High Court

Mr. DilshadversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The writ petition is dismissed as the rule under which the petitioners were appointed has been held unconstitutional, rendering their appointments invalid.

Summary

A group of thirty petitioners were appointed as Chaukidar under Rule 5(7) of the Bihar Chawkidar Cadre (Amendment) Rules, 2014. Their appointments were cancelled by the District Magistrate of Araria through Memo No.1660 dated 12‑12‑2024 without any show‑cause notice, prompting a writ petition seeking setting aside of the cancellation and reinstatement with service benefits. The petitioners argued that the cancellation violated the principles of natural justice, while the State contended that the rule itself was unconstitutional under Articles 14 and 16 of the Constitution, as held in earlier judgments of this Court. The Court noted that the rule had been declared violative of the Constitution in C.W.J.C. No.6471 of 2021 and LPA No.508 of 2022, and that the petitioners were appointed after the rule was under judicial scrutiny. Consequently, the Court held that the petitioners could not claim any right to continue in service and dismissed the writ petition. The dismissal affirmed the validity of the cancellation order and denied reinstatement.

Issues considered

  • Whether the cancellation of the petitioners' appointments without a show‑cause notice violates the principles of natural justice.
  • Whether appointments made under Rule 5(7) of the Bihar Chawkidar Cadre (Amendment) Rules, 2014 are valid in view of the rule being held violative of Articles 14 and 16 of the Constitution.
  • Whether the petitioners are entitled to reinstatement and service benefits despite the constitutional infirmity of the rule.

Legislation cited

Subjects

  • natural justice
  • appointment cancellation
  • constitutional validity
  • Articles 14 and 16
  • Bihar Chawkidar Cadre
  • writ petition
  • reinstatement

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.7273 of 2025
     ======================================================
1.    Mr. Dilshad Son of Md. Naushad Alam, Residing at Village- Dhapi, Ward
      No.-02, P.S- Jokihaat, District- Araria.
2.   Md. Ekhlakh Aalam Son of Md. Jahangir Baitha, Residing at Village- Hansa,
     Ward No. 10, P.S- Raniganj, District- Araria.
3.   Mr. Vipin Paswan Son of Yoganand Paswan, Residing at Village- Bounsi,
     Ward No. 10, P.S- Bounsi, District- Araria.
4.   Md. Ezaz Son of Abdul Qayum, Residing at Village- Durgapur, Ward No.
     12, P.S- Bounsi, District- Araria.
5.   Mr. Jagdish Manjhi Son of Shri Babulal Manjhi, Residing at Village-
     Laluabari, P.O- Baharwadi, P.S- Jokihat, District- Araria.
6.   Mr. Jitendra Kumar Son of Mr. Kalanand Sharma, Residing at Village-
     Hasanpur, Ward No. 12, P.S- Raniganj, District- Araria.
7.   Mr. Rajkumar Paswan Son of Mr. Rajendra Paswan, Residing at Village-
     Gadhha, P.S- Raniganj, District- Araria.
8.   Shri Dhanjit Kumar Paswan Son of Chandranand Paswan, Residing at
     Village- Hansa, P.S.- Raniganj, District- Araria.
9.   Mr. Nitesh Kumar Son of Srikant Lal Manjhi, Residing at Village-
     Bokantari, P.O- Bhidbhidi, Police Station- Sikti, District- Araria.
10. Mr. Rakesh Kumar Son of Devanand Manjhi, Residing at Village- Bhebhda,
    Ward No. 14, P.O. and P.S- Jokihat, District- Arastha.
11. Mr. Ajay Kumar Son of Sukdev Tatma, Residing at Village- Mahalgaon,
    Ward No.-05, P.S- Mahalgaon, District- Araria.
12. Mr. Amar Kumar Son of Gulabchand Tatma, Residing at Village- Masuria,
    Ward No.-08, P.S- Mahalgaon, District- Araria.
13. Mr. Ranjit Kumar Sharma Son of Gahan Lal Sharma, Residing at Village-
    Isarwa, Ward No.-05, P.S.- Mahalgaon, District- Araria.
14. Mr. Angad Kumar Paswan Son of Shivanand Paswan, Residing at Village-
    Taran, Ward No. 13, P.S.- Jokihat, District- Araria.
15. Mr. Laxman Tatma Son of Sitaram Tatma, Residing at Village- Sisona, Ward
    No.- 05, P.S- Jokihat, District- Araria.
16. Mr. Gopal Kumar Dharkar Son of Ram Prasad Dharkar, Residing at Village-
    Azamnagar, Kusiyargaon, Police Station and District- Araria.
17. Mr. Mithun Kumar Paswan Son of Udayanand Paswan, Residing at Village-
    Rampur Mohanpur West, Ward No. 12, P.S- Bairgathi OP, District- Araria.
18. Mr. Vinod Kumar Tatma Son of Saheb Lal Tatma, Residing at Village-
    Masuria, Police Station- Mahalgaon, District- Araria.
19. Shri Shiv Shankar Manjhi Son of Rajendra Manjhi, Residing at Village-
    Palasi, P.O and P.S- Palasi, District- Araria.
20. Shri Rajesh Kumar Paswan Son of Mahendra Paswan, Residing at Village-
    Pathraha, P.O and P.S- Ghurna, District- Araria.
Patna High Court CWJC No.7273 of 2025(2) dt.24-03-2026
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  21. Mr. Mukesh Kumar Manjhi Son of Jivanlal Manjhi, Residing at Village-
      Vokantari, P.O- Bhidbhidi, P.S- Sikti, District- Araria.
  22. Mr. Chandan Kumar Paswan Son of Sadanand Paswan, Residing at Village
      and P.S- Kursakata, District- Araria.
  23. Mr. Dhanshyam Manjhi Son of Mr. Vishnulal Manjhi, Residing at Village-
      Siktia, Ward No.-04, PO- Kakan, P.S- Jokihat, District- Araria.
  24. Mr. Krishna Dev Manjhi Son of Ramiya Devi, Father- Late Baldev Manjhi,
      Residing at Village- Gosnagar, P.S- Khursakanta, District- Araria.
  25. Shri Akash Kumar Son of Shri Jivach Lal Yadav, Residing at Village-
      Bhawani Nagar, P.S- Bounsi, District- Araria.
  26. Mr. Anil Kumar Paswan Son of Mahendra Paswan, Residing at Village and
      P.O- Bhidbhidi, P.S- Sikti, District- Araria.
  27. Shri Shambhu Paswan Son of Jageshwar Paswan, Residing at Village-
      Sonapur, P.S- Narpatganj, District- Araria.
  28. Mr. Birendra Kumar Paswan Son of Shiv Narayan Paswan, Residing at
      Village- Tamganj, P.S- Narpatganj, District- Araria.
  29. Mr. Dhirendra Kumar Das Son of Rajendra Prasad Das, Residing at Village-
      Milki Dumaria, Ward No.-09, Police Station- Phulkaha, District- Araria.
  30. Shri Jiva Nand Tatma Son of Shyamlal Tatma, Residing at Village- Palasi,
      Ward No.-08, P.O and P.S- Palasi, District- Araria.
  31. Mr. Kanhaiya Paswan Son of Prem Lal Paswan, Residing at Village- Deep
      Nagar, Bargaon, Ward No. 11, P.S- Plasi, District- Araria.
  32. Shri Dharmanand Manjhi Son of Baidyanath Manjhi, Residing at Village-
      Kachmoha, P.S- Palasi, District- Araria.
  33. Mr. Indal Manjhi Son of Kunai Manjhi, Residing at Village- Beni, Ward No.
      12, P.S- Palasi, District- Araria.

                                                                      ... ... Petitioner/s
                                       Versus
  1.    The State of Bihar through the Principal Secretary, Home Department,
        Government of Bihar, Patna.
  2.    The Principal Secretary, Home Department, Government of Bihar, Patna.
  3.    The District Magistrate, Araria.
  4.    The Superintendent of Police, Araria.
  5.    The Station House Officer, Jokihat, P.S, District- Araria.
  6.    The Station House Officer, Raniganj P.S., District- Araria.
  7.    The Station House Officer, Bausi P.S, District- Araria.
  8.    The Station House Officer, Bhargama P.S, District- Araria.
  9.    The Station House Officer, Sikti P.S, District- Araria.
  10. The Station House Officer, Mahalgaon, P.S, District- Araria.
  11. The Station House Officer, Araria P.S, District- Araria.
  12. The Station House Officer, Bairgachhi P.S, District- Araria.
         Patna High Court CWJC No.7273 of 2025(2) dt.24-03-2026
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           13. The Station House Officer, Palasi P.S, District- Araria.
           14. The Station House Officer, Ghurna P.S, District- Araria.
           15. The Station House Officer, Forbesganj P.S, District- Araria.
           16. The Station House Officer, Kursakanta P.S, District- Araria.
           17. The Station House Officer, Narpatganj P.S, District- Araria.
           18. The Station House Officer, Phulkaha P.S, District- Araria.
           19. The Circle Officer, Jokihat, District- Araria.
           20. The Circle Officer, Raniganj, District- Araria.
           21. The Circle Officer, Bhargama, District- Araria.
           22. The Circle Officer, Sikti, District- Araria.
           23. The Circle Officer, Araria, District- Araria.
           24. The Circle Officer, Palasi, District- Araria.
           25. The Circle Officer, Narpatganj, District- Araria.
           26. The Circle Officer, Forbesganj, District- Araria.
           27. The Circle Officer, Kursakanta, District- Araria.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Pintu Kumar Patel, Adv.
                 For the Respondent/s    :        Mr.Sumant Kumar Singh, AC to GA2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   24-03-2026                     Heard Learned Counsel for the petitioners and

                   Learned Counsel for the State.

                               2. The present writ petition has been filed with the

                   following reliefs:-

                                               (i) For setting aside the order dated
                                   12.12.2024 contained in Memo No. 1660 dated
                                   12.12.2024 issued with the signature of District
                                   Magistrate, Araria whereby the appointment of the
                                   petitioners on the post of Chaukidar has been
                                   cancelled unilaterally without even issuance of
                                   show cause in gross violation of the Principles of
Patna High Court CWJC No.7273 of 2025(2) dt.24-03-2026
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                          natural justice.
                                      ii. The petitioners further prays that after
                          setting    aside        the    aforementioned   order   of
                          cancellation of appointment the petitioners be
                          reinstated in service with all consequential service
                          benefits as they have not been in gainful
                          employment after cancellation of their employment.
                      3. Learned counsel for the petitioners submits that by

          the impugned order, the appointment of all the petitioners on the

          post of Chaukidar has been cancelled unilaterally without even

          issuance of show cause which is in gross violation of the

          principles of natural justice. He further submits that admittedly,

          the petitioners’ joining were made prior to 25.02.2023 as order

          on LPA No.508 of 2022 has been passed on this date, on the

          basis of which petitioners have been directed to remove from

          their post. He further submits that the order/judgment passed by

          the Hon’ble Court shall be applicable from the prospective date

          and not from the retrospective date. Therefore, the said decision

          of LPA Bench shall not be applicable upon the petitioners.

                      4. Counsel further submits that prior to removal of the

          petitioners, no opportunity of hearing has been granted and in

          this way, violation of natural justice has been made.

                      5. Counsel for the State, on other hand, submits that

          admittedly, the basis of appointment of the petitioners was made
Patna High Court CWJC No.7273 of 2025(2) dt.24-03-2026
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          under Rule 5(7) of Bihar Chawkidar Cadre (Amendment) Rules,

          2014 and when it was held violative to Articles 14 and 16 of the

          Constitution of India, then in no case, petitioners are entitled to

          continue in service and the decision taken by the District

          Magistrate vide Memo No.1660 dated 12.12.2024, need no

          interference and it is absolutely passed in accordance with law

          and in compliance of order passed by the Hon’ble Division

          Bench.

                      6. In the light of the submissions made by the parties,

          it transpires to this Court that all the petitioners were working

          on the post of Chawkidar in the light of Rule 5(7) of the Bihar

          Chawkidar Cadre (Amendment) Rules, 2014, which was tested

          by this Hon’ble Court in C.W.J.C. No.6471 of 2021 and

          subsequently, challenged in LPA No.508 of 2022 in which final

          decision has been taken place on 25.02.2023.

                      7. It transpires to this Court that all the petitioners

          have been appointed after the year 2021 and the issue was under

          test before this Hon’ble Court. It travelled before Hon’ble

          Single Judge and subsequently, before Hon’ble Division Bench

          and finally, this Hon’ble Court has categorically held that the

          said rule, namely, the Bihar Chawkidar Cadre (Amendment)

          Rules, 2014 is violative to the Constitution of India and hence,
          Patna High Court CWJC No.7273 of 2025(2) dt.24-03-2026
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                    the plea taken by the petitioners shall not be available to them as

                    the issue was held under test before this Hon’ble Court.

                                8. In this view of the matter, this Court is not inclined

                    to interfere and hence, the present writ petition is hereby

                    dismissed.

                                9. With the aforesaid directions and observations, the

                    present writ application stands dismissed.



                                                             (Dr. Anshuman, J)
Prakashmani/-

U


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