[Cites 3, Cited by 0]
Patna High Court
Kiran Devi @ Kiran Bharti vs The State Of Bihar on 16 February, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2888 of 2023
======================================================
Kiran Devi @ Kiran Bharti wife of Ram Chandra Das @ Niranjan Das,
resident of Village- Birajpur, P.S.- Sangrampur, District- Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Social Welfare
Department, Government of Bihar, Patna.
2. The Mission Director, Bihar Mahadalit Vikash Mission, Schedule Cast and
Schedule Tribe Welfare Department, Vth Floor, Land Develoment Bank,
Patna.
3. The District Magistrate, Munger.
4. The Deputy Development Commissioner, Munger.
5. The District Project Officer-cum- District S.C. and S.T. Welfare Officer,
Munger.
6. The Sub- Divisional Officer, Tarapur, District- Munger.
7. The Block Development Officer, Sangrampur, District- Munger.
8. The Block Welfare Officer, Sangrampur, District- Munger.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subodh Kumar Jha, Advocate
Mr. Pranav Kumar Jha, Advocate
For the State : Dr.Md. Raisul Haque (Sc10)
For the Bihar Mahadalit : Mr. Ranjeet Kumar Pandey, Advocate
Vikash Mission
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
CAV JUDGMENT
Date : 16-02-2026
Heard the parties.
The present writ petitioner has been filed for the
following relief(s):-
"That this writ application is being filed for
issuance of an appropriate writ/writs and
order/orders in the nature of certiorari for
quashing/setting aside the order passed by
the Mission Director, Bihar Mahadalit
Patna High Court CWJC No.2888 of 2023 dt.16-02-2026
2/17
Vikash Mission, SC & ST Welfare
(Respondent No.2) in Appeal Case No.
01/2022 contained in letter bearing Memo
No. 1101-01/22-30 dated 03.01.2023,
whereby and where-under the termination
of the petitioner from the post of Vikash
Mitra, Gram Panchayat-Katiyari, Block-
Snagrampur, District-Munger vide letter
bearing Memo No. 1592 dated 22.11.2022
issued by the Respondent No.5 in view of
the recommendation made the Respondent
No.06 vide letter No. 2495 dated
28.10.2022
has been confirmed and further
for setting aside the order passed by the
Respondent No.6 contained in letter bearing
Memo No. 1592 dated 22.11.2022 issued by
the Respondent No. 6 in view of the
recommendation made by the Respondent
No.7 vide letter No.2495 dated 28.10.2022
has been confirmed and further for setting
aside the order passed by the Respondent
No.6 contained in letter bearing Memo No.
1592 dated 22.11.2022 which has been
passed in view of the recommendation made
by the Respondent No.7 vide letter No. 2495
dated 28.10.2022, whereby the service of
the petitioner from the post of Vikash Mitra,
Gram Panchayat Katiyari, Block-
Sangrampur, District-Munger has been
terminated and further in the nature of
Patna High Court CWJC No.2888 of 2023 dt.16-02-2026
mandamus for directing and commanding
the Respondents to allow the petitioner to
continue in the service and further for any
other relief/reliefs for which the petitioner is
entitled in the facts and circumstances of
the present case."
3. The brief facts of the case is that the petitioner
was appointed on the post of Vikas Mitra in the Gram Panchyat-
Katiyari, Block-Sangrampur, District-Munger on 26.03.2010
under the Mahadalit Vikash Mission on contract basis, after
following the procedure of employment to implement the
welfare scheme launched by the Government of India and the
Government of Bihar for the Scheduled Caste and Scheduled
Tribes in urban and rural areas within the state of Bihar. For the
financial year 2020 the Block development Officer, Sangrampur
gave additional charge of Indira Awaas Yojna in the Gram
Panchayat- Katiyari and Jhkuli to the petitioner vide letter
no.283 dated 09.09.2020 and pursuant thereto the petitioner took
charge of the said post on 10.09.2020.
4. It further appears that a complaint was filed by
one Kailash Das against the petitioner for committing
irregularities in the Pradhan Mantri Awas Yojna through her
husband, upon which an enquiry was conducted by the enquiry
committee, constituted under the chairmanship of the Director,
Patna High Court CWJC No.2888 of 2023 dt.16-02-2026
Account Administration and Self-Employment, DRDA, Munger
in view of letter contained in memo no.1253 dated 23.07.2022
issued by the Deputy Development Commissioner, Munger and
the enquiry report was submitted by the enquiry committee vide
letter contained in Memo no.1530 dated 08.09.2022. The
enquiry committee found the allegations levelled against the
petitioner to be true and recommended that punitive and
administrative action can be taken against the petitioner.
5. It further appears that one more complaint was
filed by one Abdul Manjhi against the petitioner with regard to
the irregularities committed in Pradhan Mantri Awas Yojna,
before the District Magistrate, Munger, upon which vide Memo
no.2548 dated 26.08.2022 issued under the signature of the
District Magistrate, Munger, addressed to the Deputy
Development Commissioner (DDC), Munger direction was
issued to enquire into the allegation levelled against the
petitioner and if the same be found to be true, then appropriate
action be taken and an information of the same be sent to the
District Magistrate. In compliance of the above-mentioned letter
the DDC, Munger enquired the matter in detail, in presence of
the Block Development Officer, Sangrampur and the Director,
Accounts, DRDA, Munger. After completion of the enquiry
Patna High Court CWJC No.2888 of 2023 dt.16-02-2026
report was submitted before the District Magistrate, Munger
vide letter no.1524 dated 08.09.2022 by the DDC, Munger,
wherein the allegations levelled against the petitioner were
found to be true and a recommendation was made to give
direction to the Sub-Divisional Officer, Tarapur to relieve the
petitioner from services and to direct the Block Development
Officer, Sangrampur to take legal action against the husband of
the petitioner.
6. It further appears that in view of the enquiry
report submitted by the DDC, Munger and the Director, Account
Administration & Self-Employment, DRDA, Munger, vide letter
no. 1677 dated 08.10.2022 issued under the signature of the
DDC, Munger, addressed to the Sub-Divisional Officer, Tarapur
it was directed that in view of the enquiry report and the
directions issued by the District Magistrate, Munger it is
directed to relieve the petitioner from service on the charges of
irregularities/illegal act and to inform the DDC, Munger. In
compliance of the letter no.1677 dated 08.10.2022 issued by the
DDC, Munger, vide memo no.2359 dated 12.10.2022 issued
under the signature of the Sub-Divisional Officer, Tarapur a
show cause notice was issued to the petitioner with the direction
to submit her show cause reply within 24 hours that why her
Patna High Court CWJC No.2888 of 2023 dt.16-02-2026
services be not terminated in view of the allegations of
committing irregularities/illegal act, found to be true during
course of enquiry.
7. It further appears that the petitioner submitted
her show cause reply on 20.10.2022, wherein she denied all the
allegations levelled against her and also enclosed documentary
evidences in support of her reply, but without considering the
explanation submitted by the petitioner, the same was found to
be not satisfactory, without giving any reason of unsatisfaction,
impugned order of termination was passed vide memo no.1592
dated 22.11.2022 issued under the signature of the District
Program officer-cum-District Scheduled Caste & Scheduled
Tribe Welfare officer, Munger. The petitioner filed appeal before
the Director, Bihar Mahadalit Vikas Mission, Patna and the same
was numbered as appeal case no.01/2022. The appellate
authority heard the appeal and after considering the enquiry
report, passed the impugned order contained in memo no.1101-
01/22-30 dated 03.01.2023 whereby he confirmed the order
passed by the District Program Officer-cum-District Scheduled
Caste & Scheduled Tribe Welfare Officer, Munger.
8. The learned Counsel for the petitioner submits
that due to politics the petitioner has been forced to suffer. It has
Patna High Court CWJC No.2888 of 2023 dt.16-02-2026
been contended that since the petitioner finalised the list of
beneficiaries for the Awas Yojna and deleted the name of the
beneficiary from the list who were found to be not eligible for
getting the benefits, some affected persons started making
complaint against the petitioner, which was enquired by the
competent authority and the allegations were found to be not
true, which is clear from letter no.838 dated 23.05.2022, letter
no.943 dated 09.06.2022 and letter dated 31.08.2022 issued by
the different authorities. It is further submitted that the
respondent authorities conducted enquiry, on the complaint
made against the petitioner, behind her back and after enquiry
neither the copy of the enquiry report was served upon the
petitioner nor any explanation has been asked from the
petitioner with regard to the allegations, which were found to be
true.
9. It has further been submitted by the Learned
Counsel for the petitioner that on the basis of an Ex-parte
enquiry, the respondent authorities already decided to terminate
the services of the petitioner, for which consent of the District
Magistrate was already obtained, the petitioner was asked to
give her explanation within 24 hours and thereafter she was
terminated. It is clear that post decisional opportunity of hearing,
Patna High Court CWJC No.2888 of 2023 dt.16-02-2026
which does not sub-serve the rule of natural justice and the same
has been proceeded with a closed mind. Once a decision has
been taken, there is a tendency to uphold it and representation
may not yield any fruitful purpose and it would not be any
compliance with the rules of natural justice or avoid the mischief
or arbitrariness as contemplated by the Article 14 of the
Constitution of India and as held by the Hon'ble Supreme Court
of India in the case of H.L. Trihan VS The Union of India &
Ors. reported in 1989 (1) SCC page 764.
10. Per contra, the learned counsel for the State
submits that the petitioner was allotted the work of Gramin
Awas Sahayak by the Block Development Officer, Sangrampur
vide Memo No. 283 dated 09.09.2020 and the same was happily
accepted by the petitioner, since she never made any complaint
before the District Project Officer-cum- District Welfare Officer,
Munger or the Bihar Mahadalit Vikas Mission, Patna about her
additional work of Gramin Awas Sahayak.
11. Certain complaints were made against the
petitioner, wherein enquiry was conducted and the allegations
levelled in the complaint petition was found to be true, therefore,
recommendation was made for taking action against the
petitioner. Thereafter, another complaint was filed in the Janta
Patna High Court CWJC No.2888 of 2023 dt.16-02-2026
Darbar of District Magistrate, Munger on 26.08.2022 wherein
serious allegations were levelled against the petitioner that the
benefits of housing scheme is not being given to the
complainant, since the husband of the petitioner is demanding
illegal gratification.
12. On the directions of the District Magistrate,
Munger an enquiry was conducted and upon the
recommendation of the competent authority the decision was
taken by the S.D.O., Tarapur. Before taking the decision, the
petitioner was directed to file her show cause and along with the
letter dated 12.10.2022, the enquiry report and other documents
were also sent to the petitioner. This fact would be evident from
the reply submitted by the petitioner before the Sub Divisional
Officer, Tarapur wherein she has specifically stated that she had
received the letter on 17.10.2022 along with all its enclosures.
13. It has further been submitted by the learned
counsel appearing on behalf of the State that the petitioner was
appointed in 2010 as Vikash Mitra on contractual basis with
certain conditions related to taking disciplinary action against
her, in the event of her service/work and conduct not found
satisfactory in line with the provisions mentioned in the
guidelines related to the selection of Vikash Mitras across the
Patna High Court CWJC No.2888 of 2023 dt.16-02-2026
State of Bihar.
14. It has further been submitted that in view of the
directions received vide Letter No. 1824 dated 07.11.2022
issued by the D.D.C., Munger and keeping and in view the
provisions contained in Para-VI of the Vikash Mitra selection
guidelines issued vide Letter No. 1586 dated 05.09.2016 by the
Bihar Mahadalit Vikas Mission, Bihar, Patna, order of
termination has been passed by the District Project Officer-cum-
Scheduled Castes & Scheduled Tribes welfare Officer, Munger
as contained in Memo No. 1592 dated 22.11.2022.
15. It has further been submitted that before
relieving/terminating the petitioner show cause notice was
issued to her and along with show cause notice all the
documents including the enquiry report was sent to her, which
she acknowledged and thereafter she filed her show cause reply,
which was duly considered and finally the order of termination
was passed, therefore, there is no illegality and irregularity in
the impugned order of termination and there is no violation of
the principles of natural justice.
16. The learned counsel for the petitioner refers to
and relies on a judgment dated 11.07.2022 passed by a Co-
ordinate Bench of this Court in C.W.J.C. No. 8823/2020
Patna High Court CWJC No.2888 of 2023 dt.16-02-2026
(Babita @ Smt. Babita @ Smt Babita kumari @ Babita Kumari
Vs. The State of Bihar and Ors.) specially paragraph Nos. 25 to
27, which are quoted hereinbelow:-.
"25. Cancellation of the petitioner's
selection as Vikas Mitra is not by virtue of
lapse of the period of contract of
engagement, or by assigning a reason that
the work is not in existence. It is also not a
cancellation simplicitor. Had the
cancellation of selection been on any
sustainable ground/s, including either one
of these three categories, the issue may have
been different. But that is not the case.
26. In the instant case, cancellation of the
petitioner's selection as Vikas
Mitra/termination is based on findings of
the allegations regarding fraudulent
transfer of money from the account of the
District Welfare Officer maintained in the
Punjab National Bank by RTGS to the
petitioner's account maintained in the Bank
of India, which as has been considered
above, is baseless and perverse.
27. It is also not the case of the respondent-
authorities that had the petitioner not been
visited with the impugned order, she would
otherwise not be continuing as a Vikas
Mitra. The basis of
discontinuing/terminating the petitioner's
Patna High Court CWJC No.2888 of 2023 dt.16-02-2026
engagement as a Vikas Mitra, having been
found illegal, the petitioner, as a
consequence of such declaration, would be
entitled to be reinstated as a Vikas Mitra,
subject, of course, to the terms and
conditions of her contractual existence."
17. It appears from the reading of the judgment
relied upon by the learned counsel for the petitioner that the said
judgment was passed after considering the findings during the
enquiry wherein on no evidence and on presumption they
proceeded to pass the impugned order against the petitioner of
that case, but in the present case no such allegation has been
levelled by the learned counsel for the petitioner that the enquiry
was not conducted properly or there was any fallacy in the
enquiry report, rather the allegation has been levelled that the
enquiry has been conducted behind back and the copy of the
enquiry report has not been supplied to the petitioner, but from
the pleadings on record it appears that the copy of the enquiry
report was duly served upon the petitioner and the petitioner
submitted her show cause reply thereafter. Therefore, the
judgment relied by the learned counsel for the petitioner is not
applicable in the case of the petitioner.
18. The learned counsel for the petitioner further
relies upon a judgment of the Hon'ble Supreme Court of India
Patna High Court CWJC No.2888 of 2023 dt.16-02-2026
in Civil Appeal No. 3214 of 1979 Hindustan Petroleum
Corporation Limited Vs. H.L. Trehan and Others and its
analogues case wherein in paragraph Nos. 12 and 13, the
Hon'ble Supreme Court of India has held as follows:-
12. It is, however, contended on behalf of
CORIL that after the impugned circular was
issued, an opportunity of hearing was given
to the employees with regard to the
alterations made in the conditions of their
service by the impugned circular. In our
opinion, the post-decisional opportunity of
hearing does not subserve the rules of
natural justice. The authority who embarks
upon a post-decisional hearing will
naturally proceed with a closed mind and
there is hardly any chance of getting a
proper consideration of the representation at
such a post-decisional opportunity. In this
connection, we may refer to a recent
decision of this Court in K. I. Shephard v.
Union of India.1 What happened in that case
was that the Hindustan Commercial Bank,
the Bank of Cochin Ltd. and Lakshmi
Commercial Bank, which were private
banks, were amalgamated with Punjab
National Bank, Canara Bank and State Bank
of India respectively in terms of separate
schemes drawn under Section 45 of the
Banking Regulation Act, 1949. Pursuant to
the schemes, certain employees of the first
mentioned three banks were excluded from
employment and their services were not
taken over by the respective transferee
banks. Such exclusion was made without
giving the employees, whose services were
terminated, an opportunity of being heard.
Patna High Court CWJC No.2888 of 2023 dt.16-02-2026
Ranganath Misra, J. speaking for the court
observed as follows: (SCC pp. 448-49, para
16)
"We may now point out that the
learned Single Judge for the Kerala
High Court had proposed a post-
amalgamation hearing to meet the
situation but that has been vacated by
the Division Bench. For the reasons
we have indicated, there is no
justification to think of a post-
decisional hearing. On the other hand
the normal rule should apply. It was
also contended on behalf of the
respondents that the excluded
employees could not represent and
their case could be examined. We do
not think that would meet the ends of
justice. They have already been
thrown out of employment and having
been deprived of livelihood they must
be facing serious difficulties. There is
no justification to throw them out of
employment and then give them an
opportunity of representation when the
requirement is that they should have
the opportunity referred to above as a
condition precedent to action.
1. (1987) 4 SCC 431 : 1987 SCC
( L&S) 438
It is common experience that once a
decision has been taken, there is a
tendency to uphold it and a
representation may not really yield
any fruitful purpose."
13. The view that has been taken by this
Court in the above observation is that once
a decision has been taken, there is a
tendency to uphold it and a representation
Patna High Court CWJC No.2888 of 2023 dt.16-02-2026
may not yield any fruitful purpose. Thus,
even if any hearing was given to the
employees of CORIL after the issuance of
the impugned circular, that would not be
any compliance with the rules of natural
justice or avoid the mischief of arbitrariness
as contemplated by Article 14 of the
Constitution. The High Court, in our
opinion, was perfectly justified in quashing
the impugned circular."
19. It appears that as per clause VI of the
guidelines for selection of Vikash Mitra, which is quoted
hereinbelow:-
ननिययोजनि ककी अवनधि एवव ननिययोजनि सममाप्त करनिन ककी प्रनक्रियमा
नवकमास नमत्र कमा ननिययोजनि 60 वरर्ष कमायर्ष नकयन जमानिन हनततु नकयमा जमायनगमा।
नवकमास नमत्र सरकमारकी सनवक निहहीं ममानिन जमाययेंगन। ननिययोजनि कन पशमातत
नकसकी भकी समय उनिकन चनरत्र एवव कमायर्ष असवतयोरप्रद हयोनि न ककी नसस्थिनत मयें
अनितुमवडल पदमानधिकमारकी यमा नजलमा पनरययोजनिमा पदमानधिकमारकी ककी अनितुशवसमा पर
नजलमा पदमानधिकमारकी ककी सहमनत प्रमाप्त कर ननिययोजनि सममाप्त करनिन ककी
कमारर्षवमाई नजलमा पनरययोजनिमा पदमानधिकमारकी कन दमारमा ककी जमाएगकी ननिययोजनि
सममानप्त ij ममात्र नकयन गए कमायर्ष अवनधि कमा हकी ममानिदनय भतुगतमानि दनय
हयोगमा।
On the recommendation of the Sub Divisional
Officer or District Project Officer and after obtaining the consent
of the District Magistrate the process for termination can be
taken by the competent authority. In the present case the same
has been followed, therefore, the judgment relied upon has got
no application in the case of the petitioner.
20. The learned counsel for the petitioner further
Patna High Court CWJC No.2888 of 2023 dt.16-02-2026
relies on a judgment dated 15.09.2023 passed by a Co-ordinate
Bench of this Court in C.W.J.C. No. 4159 of 2023 wherein in
paragraph Nos. 06 and 07, it has been held as follows.
"6. It is trite law that the impugned order,
once it suffers with the vice of non-
compliance with the principles of natural
justice, merely for the fact that the person
has filed an appeal against the same, would
not amount to curing such defect at the
initial stage.
7. The order of the District Magistrate,
therefore, in view of the fact that it has been
passed without any opportunity to the
petitioner, is found to be unsustainable in the
eyes of law. The same is hereby quashed."
21. In the case of the petitioner, the enquiry report
was provided to the petitioner and opportunity of filing show
cause reply on the basis of the said enquiry report was given to
the petitioner, then there is no question of not adhering of the
principles of natural justice. Therefore, the judgment relied upon
has got no application in the case of the petitioner.
22. From the arguments advanced on behalf of the
parties and after going through the documents available on
record, I find that on complaints made against the petitioner,
proper enquiry was conducted, the said enquiry report was
submitted before the competent authority and after taking
permission from the District Magistrate and after following all
Patna High Court CWJC No.2888 of 2023 dt.16-02-2026
the due process of law i.e. after handing over the copy of the
enquiry report, the petitioner was directed to submit her show
cause reply. After considering the show cause reply submitted by
the petitioner the order of termination was passed. Therefore, I
find no illegality in the order impugned and accordingly, the writ
petition is dismissed.
23. All pending application, if any, shall stands
deposed of.
(Ritesh Kumar, J)
krishnakant/-
AFR/NAFR NAFR
CAV DATE 04.02.2026
Uploading Date 16.02.2026
Transmission Date NA
