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Patna High Court

Bibi ZinatversusThe State of Bihar

Decided
Disposal
DISPOSED

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
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          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
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          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
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                       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


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