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Patna High Court

Md. KamaluddinversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appellate authority's dismissal order is set aside due to violation of natural justice and non‑payment of subsistence allowance, and the petitioner is entitled to reinstatement with consequential benefits.

Summary

The petitioner, a Head Moulvi of Madarsa Amjadia Samiul Uloom, was suspended by the Managing Committee and was not paid subsistence allowance during the suspension. He challenged the suspension before the Special Director, who quashed the suspension and directed the Madarsa Board to investigate the allegations. Subsequent orders by the Board and the appellate authority dismissed the petition without examining the non‑payment of subsistence allowance, violating principles of natural justice as highlighted in Capt. M Paul Anthony v. Bharat Gold Mines Ltd. The Patna High Court held that the dismissal order was vitiated by this breach and set aside the impugned order, directing reinstatement of the petitioner with consequential benefits, while allowing the authorities to re‑examine the allegations in accordance with natural justice. The writ petition was therefore allowed.

Issues considered

  • Whether the dismissal order passed by the appellate authority is valid in view of the non‑payment of subsistence allowance during the departmental inquiry.
  • Whether the principles of natural justice were violated in the dismissal of the petitioner.
  • Whether the petitioner is entitled to reinstatement and payment of consequential benefits.

Subjects

  • suspension
  • subsistence allowance
  • natural justice
  • departmental inquiry
  • reinstatement
  • Madarsa education
  • appellate authority
  • quashing order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.7425 of 2019
                  ======================================================
                  Md. Kamaluddin Son of Late Jamaluddin Resident of Village- Bansbari, P.S.-
                  Balrampur, District- Katihar.
                                                                          ... ... Petitioner/s
                                                    Versus
            1.     The State of Bihar through the Secretary, Higher Education Department,
                   Vikas Bhawan, Patna.
            2.    Joint Secretary-cum-Appellate Authority, Education Department, Budh
                  Marg, Text Book Building, Patna.
            3.    Special Director, Secondary Education, Vikas Bhawan, Patna.
            4.    District Education Officer, Katihar.
            5.    District Programme Officer (Establishment), Katihar.
            6.    The Chairman, Bihar State Madarsa Education Board, Patna, Vidyapuri
                  Marg, Patna-1.
            7.    The Secretary, Bihar State Madarsa Education Board, Patna, Vidyapati
                  Marg, Patna-1.
            8.    The Managing Committee of Madarsa Amjadia Samiul Uloom Bansbari,
                  P.O.- Dangal, P.S.- Balrampur, District- Katihar.
            9.    Md. Ashraf Son of Late Md. Allauddin Secretary of the present Managing
                  Committee of Madarsa Amjadia Samiul Uloom, Bansbari, P.S.- Balrampur,
                  District- Katihar.
            10. Asrarul Haque Son of Late Allaf Hussain Incharge Head Moulvi, Madarsa
                 Amjadia Samiul Uloom Bansbari, P.S.- Balrampur, District- Katihar.
                                                                        ... ... Respondent/s
                ======================================================
                  Appearance :
                  For the Petitioner/s   :       Mr. Alim Jang Khan, Advocate
                                                 Mr. Sanjay Kumar, Advocate
                  For the Respondent/s   :       Mr. Madhaw Prasad Yadav (GP-23)
                                                 Mr. Arvind Kumar, AC to GP-23
                  For the Madarsa Board :        Mr. Md. Aslam Ansari, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                        ORAL ORDER

18   09-02-2026                      Heard learned counsel for the petitioner, learned

                    counsel for the State and learned counsel for the Madarsa

                    Board.

                                  2. The writ petition has been filed for the following

                    reliefs :-

                                             “For quashing the order contained in Memo
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                          No.30 dated 12.02.2019 passed by learned Binod
                          Kumar Singh, Joint Secretary, Education
                          Department as appellate authority in Appeal No.6
                          of 2013/30 of 2017 and for quashing the order
                          contained in Memo No.1172-76 dated 30.09.2011
                          passed by the Chairman Bihar State Madarsa
                          Education Board, Patna.”

                      3. Learned counsel for the petitioner submits that the

          petitioner was a Head Moulvi of Madarsa Amjadia Samiul

          Uloom Bansbari P.S. Balrampur District-Katihar and was

          suspended by the Managing Committee vide resolution dated

          13.06.2009, which is said to have been approved by the Bihar

          State Madarsa Board, vide order dated 1672-75 dated

          20.07.2009.

                      4. It is the case of the petitioner that petitioner was not

          paid subsistence allowance during his suspension and this issue

          was raised before the Special Director, Secondary Education,

          Vikas Bhawan, Patna, in view of direction issued by a Co-

          ordinate Bench passed in C.W.J.C. No.14452 of 2009 and on

          considering the issues, the Special Director, Secondary

          Education, Vikas Bhawan, Patna, quashed the suspension order

          passed by the Secretary, Managing Committee of the said

          Madarsa, and directed the Bihar State Madarsa Board to

          examine the veracity of the allegations at their level and on

          finding the allegations to be true, appropriate legal action be
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          taken, and accordingly, appeal was disposed of.

                      5. Learned counsel for the petitioner further submits

          that in view of the directions issued by the Special Director,

          Secondary Education, Human Resource Department, Bihar, and

          the Chairman, Bihar State Education Board, Patna, passed an

          order dated 30.09.2011 (Annexure-1) without examining the

          allegation and the petitioner had to again challenge the said

          order by filing writ petition being C.W.J.C. No.362 of 2012, in

          which liberty was granted to file an appeal, as per Section 20 of

          Bihar State Madarsa Education Board, Patna, before the State

          Government.

                      6. This Court had given a detailed hearing on

          16.09.2025 and specific query was made from the counsel and

          had directed for bringing on record the materials to show that

          the subsistence allowances were paid to this petitioner during

          the course of proceedings but despite such direction having been

          issued, no such affidavit is said to have been filed explaining the

          position, insofar as it relates to the payment of subsistence

          allowance. The relevant extract of the order passed by this Court

          on 16.09.2025 is quoted as under :-

                                “4. In view of the judgment rendered by the
                          Hon’ble Apex Court reported in (1999) 3 SCC 679,
                          Capt. M Paul Anthony v. Bharat Gold Mines Ltd.,
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                          where it has been categorically stated that in a
                          case where the departmental proceeding was
                          initiated and the delinquent employee is not
                          provided with subsistence allowance, the entire
                          process of inquiry undertaken and punishment so
                          recorded by the competent authority will vitiate in
                          law.”


                      7. Learned counsel for the State as also the learned

          counsel for the Madarsa Board has appeared and though a very

          detailed counter has been filed but the issues which have been

          raised by this Court, seeking their response, have not been

          answered till date and therefore, this Court is constrained to

          examine the issues based on the materials available on record.

                      8. From perusal of the order impugned, which is

          appended with the writ petition as Annexure-1, it appears that

          the Joint Director, Department of Education, Bihar, Patna, who

          had heard the appeal being Appeal No.06 of 2013 dated

          02.05.2017, without examining the issues of violation of

          principles of nature justice and its effect on the Departmental

          Enquiry owing to non-payment of subsistence allowance, in

          light of the Hon’ble Apex Court judgment rendered in Capt. M

          Paul Anthony (supra), the Appellate Authority, simply by

          referring to the various attending facts and order passed by the

          Co-ordinate Benches and various petitions filed before the
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          appropriate forums by this petitioner, has tried to justify the

          order of dismissal but the legal question, which has been raised

          in this case in reference to payment of subsistence allowance

          during the course of inquiry to this petitioner, based on which

          the dismissal order has been passed, and without holding fresh

          inquiry, as per the direction of Special Director dated

          22.05.2010, has simply relied upon the same material to pass the

          impugned order, which is not sustainable in law and even during

          the course of hearing of this case, the liberty which was given to

          them, to controvert the finding of non-payment of subsistence

          allowance, which is apparent from the order passed by the

          Special Director, as contained in Memo No.62 dated

          22.05.2010, has not been denied and accordingly, this Court

          finds that there has been gross violation of principles of natural

          justice, while arriving to a conclusion with regard to passing of

          dismissal order and therefore, this Court has no hesitation in

          setting aside the order as contained in Memo No.30 dated

          12.02.2019 and the authorities are directed to reinstate this

          petitioner back into service and to pay the consequential

          benefits for which, the petition is found entitled in law.

                      9. However, the authorities are put at liberty to

          examine the correctness of allegation, in accordance with law
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                     and if the authorities proposes to do so, then the same can be

                     done by strictly adhering to the principles of natural justice.

                                 10. Accordingly, the writ petition is allowed.



                                                  (Ajit Kumar, J)
sharun/-

U


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