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Patna High Court

Sangita Kumari @ Sangeeta KumariversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The termination order was valid as it was issued in accordance with the contractual provisions of Clause‑xiv of Resolution No. 1846, and therefore no interference was warranted.

Summary

Sangita Kumari, a contractual Female Supervisor under the Integrated Child Development Services (ICDS) scheme, was terminated from service by an order of the District Magistrate, Nalanda, which was later confirmed by the Divisional Commissioner, Patna. She filed a writ petition seeking quashing of the termination order, reinstatement with full salary and benefits, alleging violation of law and denial of due process. The State contended that she was a contractual employee not protected by Article 309 or service law, and that the termination was in accordance with Clause‑xiv of Resolution No. 1846 dated 10‑06‑2010, which permits termination upon compliance with its conditions. The Court examined the contractual provisions and the resolution, noting that the termination complied with the stipulated notice and procedural requirements, and also observed a criminal case under the Prevention of Corruption Act. Concluding that the orders were valid and within the contractual framework, the Court dismissed the writ petition.

Issues considered

  • Whether a contractual employee under the ICDS scheme is protected by Article 309 of the Constitution or service law.
  • Whether the termination of the petitioner’s contract complied with Clause‑xiv of Resolution No. 1846 dated 10‑06‑2010.
  • Whether the procedural requirements of notice and show‑cause were satisfied in the termination process.
  • Whether the writ petition challenging the termination order is maintainable.

Legislation cited

Subjects

  • contractual employee
  • termination
  • ICDS
  • writ petition
  • service law
  • Article 309
  • Prevention of Corruption Act
  • administrative law
  • High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.7922 of 2025
                 ======================================================
                 Sangita Kumari @ Sangeeta Kumari Wife of Ranvir Kumar, Resident of Vill-
                 Ashanagar, Mandanlal Gupta Niwas, Sangat Par, P.O.- Sohsarai, P.S.-
                 Sohsarai, District- Nalanda.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Social Welfare
                 Department, Government of Bihar, Patna.
           2.    The Director, ICDS Directorate, Government of Bihar, Patna.
           3.    The Divisional Commissioner, Patna.
           4.    The District Magistrate, Nalanda.
           5.    The District Program Officer, Nalanda.
           6.    The Child Development Project Officer, Bind, Nalanda.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Hemant Kumar, Advocate
                 For the Respondent/s   :      Mr. Standing Counsel (7)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   07-04-2026                 Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. The present writ petition has been filed for issuance

                   of appropriate writ/writs, order/orders, direction/directions for

                   grant of the following Reliefs:-

                                        “I. For quashing the Order dated 16.01.25
                                        passed by the Divisional Commissioner, Patna
                                        in ICDS Case No. 4/2023 whereby and where
                                        under the Learned Divisional Commissioner,
                                        Patna has confirmed the order of termination
                                        from service passed by the District Magistrate,
                                        Nalanda contained in Memo No. 2144 dated
Patna High Court CWJC No.7922 of 2025(2) dt.07-04-2026
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                               07.12.22.
                               II. For quashing the order contained in Memo
                               No. 2144 dated 07.12.22 passed by the District
                               Magistrate, Nalanda whereby the services of
                               the petitioner discharging her duties as
                               Female Supervisor for long 11 years has been
                               terminated and the contract of employment has
                               been cancelled without application of any
                               judicious mind and in a mechanical manner.
                               III. For a direction upon the concerned
                               authorities to reinstate the petitioner in service
                               with continuity of service along with full salary
                               and      all     consequential   benefits   arising
                               therefrom.
                               IV. For the grant of any other relief for which
                               the petitioner is found entitle to in the facts
                               and circumstances of the present case.”


                      3. Learned counsel for the petitioner submits that the

          orders passed by the District Magistrate, Nalanda, and the

          Divisional Commissioner, Patna, are in complete violation of

          law, and that the petitioner’s contract has been cancelled

          unnecessarily, and it requires interference. Counsel submits that

          there are affidavits filed by different anganwadi sevikas

          according to character of the petitioner, which was completely

          been ignored.

                      4. Learned counsel for the State, on the other hand,
Patna High Court CWJC No.7922 of 2025(2) dt.07-04-2026
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          submits that the petitioner is a contractual employee and not the

          regular government servant. As such, the petitioner has no

          protection under Article 309 of the Constitution of India or

          under service law of the land. Counsel submits that the services

          of the petitioner is being guided by a Resolution No. 1846 dated

          10.06.2010       issued     by    the    Social Welfare   Department,

          Government of Bihar (annexed as Annexure-P/1). Counsel

          submits that as per Clause-xiv of the said resolution, the

          contract of the petitioner may be terminated upon fulfilling the

          conditions. Counsel submits that here in the present case, from

          the order passed by the District Magistrate, Nalanda contained

          in Memo No. 2144 dated 07.12.2022 (Annexure-P/8), and

          subsequently, the order of the Divisional Commissioner, Patna

          dated 16.01.2025 in ICDS-4-2023 (Sangita Kumari Vs. The

          State of Bihar) (Annexure-P/9), it become crystal clear that the

          termination order has been passed in true compliance of the

          Clause-xiv of the said resolution No. 1846 dated 10.06.2010.

                      5. After hearing the parties and upon going through

          the documents, it is an admitted position that the petitioner is

          not protected under the Constitution of India or under service

          law. However, protection is available to the petitioner under

          Resolution No. 1846 dated 10.06.2010, whose clause-xiv reads
Patna High Court CWJC No.7922 of 2025(2) dt.07-04-2026
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          as under:-

                               “(xiv) अनु बंध की समापपप (Termination)-
                               क) इस Ádkj का पनयोजन, सं पवदा अवपध समापपप
                               के पूवर उभय पको दारा एक माह की पूवर सूचना
                               दे कर समापप पकया जा सकेगा।
                               ख) मपहला पयरवेपकका दारा अपने कपरवयो के
                               lar®"kÁn पनवरहन नहीं पकये जाने , उनके दारा
                               अपनयपमपपा बरपे जाने , अनापधकृप अनु पपससप
                               रहने , अपरापधक घटना मे शापमल होने असवा
                               एकरारनामे की 'krksZ का उललं घन करने की पससपप मे
                               उनसे      सपषटीकरण        पूछकर   सं बंपधप   पजला
                               पदापधकारी vuqcaèk eqDr करने का आदे श पापरप
                               करे गे । इनके आदे श के पवरद अपील सं बंपधप
                               ÁeaMyh; आयु कप के समक एक माह के अनदर की
                               जा सकेगी। ÁeaMyh; आयु कप के आदे श के पवरद
                               कोई अपील नहीं की जा सकेगी।
                               ग) उपरोकप कंपडका (ख) मे उपललपखप आरोपो के
                               आधार पर सं बंपधप lk{;®a से सं पुषट हो कर
                               सपषटीकरण ÁkIr करने           के पशचाप सं बंपधप
                               ÁeaMyh; आयु कप मपहला पयरवेपकका का अनु बंध
                               समापप करने का आदे श पापरप करे गे ।
                               घ) उपरोकप Ákfèkdkj®a के अपपपरकप उपरोकप
                               कंपडका (ख) मे उलले पखप पबनदुओं पर जांचोपरानप
                               मपहला पयरवेपकका को से वा मु कप करने का
                               अपधकार सरकार मे भी सु रपकप रहे गा।”


                       6. Here in the present case, from the order passed by

          the District Magistrate, Nalanda, it transpires that show cause
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                       has been served upon the petitioner and it has been confessed by

                       her that in the video, it is the petitioner who was present and

                       therefore, in this regard, a criminal case has also been lodged

                       under sections 7 & 13 of the Prevention of Corruption Act, 1988

                       against the petitioner.

                                   7. This Court is of the view that the impugned orders

                       have been passed completely in accordance with terms of the

                       contract of Clause-xiv of the Resolution No. 1846 dated

                       10.06.2010 which deals about termination. Hence, there is no

                       need of any interference in this matter.

                                   8. Accordingly, this writ petition stands dismissed.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U


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