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Patna High Court

Anmol Kumar Sowarnkar @ Anmol KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed, with the Court directing the petitioner to prefer an appeal before the Director, Primary Education, and ordering payment of the withheld subsistence allowance.

Summary

The petitioner, Anmol Kumar Sowarnkar, an exclusive teacher, was suspended on 04‑02‑2025 by a memo issued by the District Programme Officer, Araria, on allegations of failing to hand over charge and defalcation of Rs 4,25,000, although the amount had been deposited before the order. The suspension directed that he would receive only a subsistence allowance, which he alleges he has been denied for a year and that no disciplinary proceedings have been initiated. He contended that the suspension was illegal, violated the Supreme Court’s pronouncement in Ajay Kumar Choudhary v. Union of India, and that he is entitled to the subsistence allowance. The State relied on Rule 23 of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005, asserting that the petitioner has a remedy of appeal against the suspension. The Court held that the writ petition is disposed, directing the petitioner to file an appeal before the Director, Primary Education, within two weeks and ordering that any withheld subsistence allowance be paid. The Court also stipulated that the appeal be decided within six weeks of filing.

Issues considered

  • Whether the suspension order dated 04‑02‑2025 is legally valid in view of the alleged defalcation and procedural requirements.
  • Whether the petitioner is entitled to subsistence allowance during suspension and whether its denial violates statutory or judicial precedent.
  • Whether the petitioner has a statutory right of appeal under Bihar Government Servant Rules, 2005, and the appropriate forum for such appeal.

Subjects

  • suspension
  • subsistence allowance
  • disciplinary proceedings
  • writ jurisdiction
  • appeal
  • Bihar Government Servant Rules
  • procedural fairness
  • Supreme Court precedent

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.7496 of 2025
     ======================================================
     Anmol Kumar Sowarnkar @ Anmol Kumar Son of Ramfal Prasad Sowarnkar
     Resident of Village- Kupari, Ward No.- 3, Police Station- Raniganj, District-
     Araria, presently residing at Village- Gitwas, Ward No.- 6, Police Station-
     Raniganj, District- Araria.

                                                                 ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Principal Secretary, Education Department,
     Government of Bihar, Patna.
2.   The Principal Secretary, Education Department, Government of Bihar,
     Patna.
3.   The District Education Officer, Araria.
4.   The District Programme Officer, Araria.
5.   The District Block Development Officer, Araria.
6.   The Block Education Officer, Araria.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Anamul Haque, Advocate
     For the Respondent/s   :      Mr. Government Pleader (16)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
      Date : 03-02-2026

                     Heard the parties.

                     2. The petitioner is aggrieved with the order dated

      04.02.2025, contained in Memo No. 274, issued under the

      signature of District Programme Officer (Establishment), Araria

      by which the petitioner has been placed under suspension from

      his service as Exclusive Teacher and deputed in the office of

      Block Resources Centre, Forbesganj with a further direction that

      the petitioner will get only subsistence allowances during the

      period of suspension.
Patna High Court CWJC No.7496 of 2025 dt.03-02-2026
                                           2/4




                         3. Learned Advocate for the petitioner submitted

         that the impugned order of suspension came to be passed on the

         alleged imputation of non-handing over of the charge, besides

         the defalcation of Rs.4,25,000/- from the school accounts. So far

         the allegation of defalcation of Rs.4,25,000/-, the same has no

         leg to stand for the simple reason that the alleged amount has

         already been deposited in the Bank Account on 12.11.2024

         itself, much prior to issuance of the suspension order. It is

         further contended that irrespective of the fact, suspension order

         was issued long back on 04.02.2025, till date the disciplinary

         proceeding has not been proceeded and only Prapatra 'Ka' as

         well as supplementary Prapatra 'Ka' are issued.

                         4. Taking this Court through the suspension order, it

         is further contended that there was a clear stipulation that the

         petitioner shall be entitled to subsistence allowance for the

         period of suspension, but the petitioner has been deprived even

         from the subsistence allowance for the last one year. It is lastly

         contended that be that as may the prolong suspension of the

         petitioner is also against the mandate of the decision of the

         Hon'ble Supreme Court, as ruled in the case of Ajay Kumar

         Choudhary Vs. Union of India [AIR 2015 SC 2389].

                         5. Per contra, learned Advocate for the State
Patna High Court CWJC No.7496 of 2025 dt.03-02-2026
                                           3/4




         referring to Rule 23 of the Bihar Government Servant

         (Classification, Control and Appeal) Rules, 2005 submitted that

         the petitioner has appropriate remedy of appeal against the order

         of suspension where he can take all the pleas, as raised before

         this Court.

                         6. Having considered the submissions advanced by

         the learned Advocate for the respective parties and taking note

         of the specific provision of appeal against the order of

         suspension, this Court deems it appropriate to dispose of the

         writ petition with a liberty to the petitioner to prefer an

         appropriate appeal before the Director, Primary Education,

         Government of Bihar, Patna, preferably within a period of two

         weeks from today.

                         7. In case, such appeal is filed, the same shall be

         heard and disposed of by taking note of the averments made in

         the writ petition as well as submissions advanced and the

         mandate of the Apex Court referred hereinabove. It is expected

         that the Director, Primary Education, Government of Bihar,

         Patna shall also look into the matter that the petitioner has been

         denied from his subsistence allowance for the last one year and

         thus the same must be paid to him without any fail.

                         8. The entire exercise must be completed preferably
             Patna High Court CWJC No.7496 of 2025 dt.03-02-2026
                                                        4/4




                      within a period of six weeks from the date of filing of

                      appropriate application/appeal.

                                      9. The writ petition stands disposed of.




                                                  (Harish Kumar, J)
uday/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          04.02.2026
Transmission Date       NA


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