IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.565 of 2023 ======================================================

Shashi Kala Chaudhary Son of Late Bhodu Chaudhary Resident of Village-

Kalyanpur, Station Road, P.S.- Biharsarif, District- Nalanda, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar through its Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.

2. The District Magistrate, District- Nalanda.

3. The District Panchayati Raj Officer, District- Nalanda.

4. The Senior Incharge Officer, Panchayati Raj, District- Nalanda.

5. The Sub- Divisional Officer, Hilsa, District- Nalanda.

6. The Block Development Officer, Karaiparsurai, Sub-Division- Hilsa, District- Nalanda.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Bajarangi Lal, Advocate : Mr.Ashok Kumar, Advocate : Mr.Aman Kumar, Advocate For the Respondent/s : Mr.Archana Meenakshee, GP- 6 : Mr.Rohit Singh, AC to GP-6 ======================================================

CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR

ORAL JUDGMENT

Date : 12-02-2026 Heard the parties. IA No. 01 of 2026

2. The present Interlocutory Application has been filed for amendment in prayer no. 1 of the writ petition wherein due to inadvertence prayer no. (1) (i) of the present Interlocutory Application was not incorporated.

3. The learned counsel for the State has got no objection to the same.

4. For the reasons mentioned therein, prayer made in paragraph no. 1(i) of IA No. 01 of 2026 is allowed. So far prayer made in paragraph no. 1(ii) to (v) are concerned, the same are consequential relief of the prayer made in paragraph no. (1)(i) of the Interlocutory Application and have already been made in the writ petition, therefore, the same are not to be considered. Accordingly, I.A. No. 01 of 2026 is allowed to the extent of the prayer made in paragraph No. 1(i) of the I.A. No. 01/2026 and the same may be treated to be the part of the prayer made in the writ petition.

CWJC No. 565 of 2023

5. The present writ petition has been filed for the following relief:-

“For quashing the order dated

10.11.2022 passed by the Divisional Commissioner in service Appeal No. 64/2020 by which he has dismissed the appeal of the petitioner which was filed against the order of D.M. Nalanda vide memo no. 686/ P. dated 30.07.15 by which the service of the petitioner has been dismissed, by issuance of writ in the nature of certiorari as well as for issuance of any other writ/writs or direction/directions to the respondents to re-instate the petitioner in his service with all consequential benefits.”

6. Vide I.A. No. 01 of 2026 which has been allowed today itself, prayer no. 1(i) of the said Interlocutory Application has been treated to be part of the writ petition and the same is reproduced hereinbelow:-

“(i) For setting aside the order contained in Memo no-686 dated 30-07-2015 (Annexure- 8) passed by the District Magistrate, Nalanda where under and whereby the petitioner, who was working as Panchayat Secretary, Sarmera Block of Nalanda district has been awarded punishment in a departmental proceeding and has been dismissed from service under the provisions of Rule 14 (X) of Bihar CCA Rules and has been held not eligible for future employment”

7. At the outset, learned counsel for the petitioner submits that the petitioner was working as Panchayat Sewak, Asthawan Block in the District of Nalanda and thereafter was transferred to Karaiparsurai in Panchayat Berthu on 30.06.2006 as Panchayat Sewak and in view of the circular/direction of the State Government in the year 2006, he was made Panchayat Secretary.

8. It is the case of the petitioner that although he gave his joining, but the charges were not given to him and the entire documents, for which the petitioner was deemed to be custodian was not given to him prior to 30.06.2008. All of a sudden, vide Letter No. 114 dated 01.02.2007 issued under the signature of the Block Development O