Patna High Court
Bibi ZinatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The order dated 22‑04‑2024 was passed in violation of natural justice and is set aside, with a fresh speaking order to be issued after hearing the petitioner.
Summary
The petitioner, Bibi Zinat, filed a writ petition challenging two administrative letters that treated a two‑month period in 2022 as unauthorized absence and recorded it as leave without pay in her service book. She argued that the Division Commissioner had rejected her representation without hearing her, violating natural justice. The State contended that she was on leave and her claim was rightly rejected. The High Court examined the letters, found the order was passed without affording a fair hearing, and held it violative of natural justice. Consequently, the Court set aside Letter No. 1759 dated 22‑04‑2024 and directed the Divisional Commissioner to pass a fresh speaking order within 90 days after hearing the petitioner. The petition was thereafter disposed of.
Issues considered
- Whether the order passed under Letter No. 320/Establishment dated 02‑03‑2024 and Letter No. 1759 dated 22‑04‑2024 violates the principles of natural justice
- Whether the period from 05‑07‑2022 to 31‑08‑2022 can be lawfully treated as unauthorized absence and recorded as leave without pay
- Whether the writ petition for quashing the administrative orders is maintainable
Subjects
- natural justice
- service law
- leave without pay
- unauthorized absence
- writ petition
- quashing order
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9353 of 2024
======================================================
Bibi Zinat Wife of Md. Tanweer Alam, Resident of Village- Officers Colony
Mirchai Bari, Buddhu Chowk near Garib Nawaz Masjid, Police Station-
Katihar, District- Katihar, Pin Code- 854105.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Revenue and
Land Reforms Department, Government of Bihar, Patna.
2. The Divisional Commissioner, Purnea, Division- Purnea.
3. The Collector and District Magistrate, Katihar, District- Katihar,
4. The Secretary to the Commissioner, Purnea Division, Purnea, District-
Purnea.
5. The Establishment Deputy Collector, Katihar, District- Katihar.
6. The Circle Officer of Anchal- Balrampur, District- Katihar.
7. The Block Development Officer, Barsoi Block, District- Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gyanand Roy, Advocate
Ms. Akanksha Malviya, Advocate
For the State : Mr. Government Pleader-19
Mr. Swapnil Kumar Singh, (AC to GP-19)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for
quashing of the Letter No. 320/Establishment, Katihar dated
02.03.2024 issued in accordance with the order of the District
Magistrate, Katihar passed in File No. 36-04/2023 dated
28.02.2024 as well as in the light of the directions contained in
Letter No. 3622 dated 11.06.1998. Further prayer has been made
Patna High Court CWJC No.9353 of 2024(2) dt.17-02-2026
2/4
for quashing of the Letter No. 1759 dated 22.04.2024 issued
under the signature of Secretary to the Commissioner, Purnea
Division Purnea. Further prayer has been made for holding that
the period starting from 05.07.2022 to 31.08.2022 has wrongly
and illegally been treated as the period of unauthorized absence
of the petitioner from service and the said period has been
directed to be treated as leave without pay and the same has
been treated to be entered in the service book of the petitioner.
3. Learned counsel for the petitioner submits that the
petitioner being aggrieved from the decision of the Additional
Collector contained in Letter No. 320/Establishment, Katihar
dated 02.03.2024 (Annexure-P/1), submitted her representation
dated 05.04.2024 before the Divisional Commissioner, Purnea
which is annexed as Annexure-P/13 and explained the entire
situation by enclosing various annexures. But, only two line
order has been passed and her application was rejected. Counsel
submits that the rejection in this manner, without considering
the representation along with the annexed documents, is in
absolute violation of principles of natural justice.
4. Learned counsel for the State submits that the
petitioner was on leave, even then she want to take benefit of
the same. In this regard, the concerned respondent authorities
Patna High Court CWJC No.9353 of 2024(2) dt.17-02-2026
3/4
were not ready and therefore, at both the levels i.e. at the level
of the Collector and at the level of the Commissioner, her claim
has been rejected.
5. Upon perusal of the Annexure-P/2 i.e. Letter No.
1759 dated 22.04.2024 issued under the signature of Secretary
to the Commissioner, Purnea Division, Purnea, only this
statement has come:-
“उपरर रकत ववषरक आपके आवे दन वदनांक
05.04.2024 एवं सं लगन कागजातो के अवलोकन
एवं समीकोपरांत वनदे शानर सार वजला सथापना उप
समाहतार, कवटहार के i=kad 320/सथा० वदनांक
02.03.2024 से सहमत होते हरए आपके आवे दन को
सं वचकासत वकरा जाता है ।”
6. It transpires to this Court that passing order in this
way is absolutely in violation of principles of natural justice.
Therefore, the Letter No. 1759 dated 22.04.2024 (Annexure-
P/2) is hereby set aside. It is directed to the Divisional
Commissioner, Purnea, Division- Purnea (Respondent no.2) to
pass a fresh speaking order on the representation filed by the
petitioner i.e. Annexure-P/13, within 90 days from the date of
production of a copy of this order. It is made clear that if
Patna High Court CWJC No.9353 of 2024(2) dt.17-02-2026
4/4
required, the Divisional Commissioner, Purnea, shall call the
petitioner either in person or through her advocate, and hear the
matter and then pass order. The counting of said 90 days shall be
started from the date of appearance of the petitioner.
7. Accordingly, this writ petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
Checking your session…