Draupadi Kumari Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Draupadi Kumari Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with direction to the petitioner to file a fresh representation with a copy of the order before Respondent No. 2 (Mission Director, State Health Society, Bihar, Patna) within 30 days; Respondent No. 2 to consider it and pass a reasoned and speaking order after affording an opportunity of hearing to all concerned, within 90 days thereafter. No enquiry directive or restraint order against Respondent No. 5 issued by this Court.

Issue for consideration

Whether the Court should command the Respondents to conduct a fair, time-bound enquiry into the alleged illegal demand of money and misconduct of Respondent No. 5 and take disciplinary action against her in accordance with law (Relief I). +2 more

Ratio / Principle

Accepting the view arising from the State's preliminary objection that the petitioner had not approached the appropriate authority, the Court disposed of the writ petition with a direction to the petitioner to file a fresh representation, along with a copy of the order, before Respondent No. 2, the Mission Director, State Health Society, Bihar, Patna, within 30 days.

Key takeaways

Upon receipt of such representation, Respondent No. 2 shall consider the same and pass a reasoned and speaking order, after affording an opportunity of hearing to all concerned, within a period of 90 days thereafter.ratio¶27

Detailed headnote1 paragraphs

Writ petition (Civil Writ Jurisdiction Case No.6950 of 2026, High Court of Judicature at Patna, decided orally on 05-05-2026 by Dr. Anshuman, J) filed by Draupadi Kumari seeking (i) a fair, time-bound enquiry into the alleged illegal demand of money and misconduct of Respondent No. 5, Smt. Renu Jha, Asha Facilitator, PHC Kusheshwar Asthan East, and disciplinary action against her, (ii) restraint of Respondent No. 5 from harassing or defaming the petitioner, and (iii) protection of the petitioner's service, honour and working conditions. Learned counsel for the State raised a preliminary objection that the petitioner had not approached the appropriate authority, namely Respondent No. 2. Holding the petition premature on that ground, the Court disposed of it, directing the petitioner to file a fresh representation with a copy of the order before the Mission Director, State Health Society, Bihar, Patna, within 30 days, and directing Respondent No. 2 to consider the representation and pass a reasoned and speaking order after affording an opportunity of hearing to all concerned, within 90 days thereafter. No statute or precedent was cited; judgment marked NAFR.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6950 of 2026

======================================================

Draupadi Kumari Wife of Shankar Prasad Sah, Resident of Village- Missi, Police Station- Kusheshwar Asthan, District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Department of Health, Govt. of Bihar, Patna.

The Mission Director, State Health Society, Bihar, Patna.

The Civil Surgeon-Cum-Member Secretary, District Health Samiti, Darbhanga.

The Medical Officer, In-Charge, Primary Health Centre, Kusheshwar Asthan, East at Satighat, Police Station- Kusheshwar Asthan, DistrictDarbhanga.

Smt. Renu Jha, Asha Facilitator, Primary Health Centre, Kusheshwar Asthan, East at Satighat, Police Station- Kusheshwar Asthan, DistrictDarbhanga.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Jagdish Prasad Singh, Advocate For the Respondent/s : Mr. Standing Counsel (15) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 05-05-2026

Heard learned counsel for the petitioner and learned

counsel for the State.

The present writ petition has been filed with the

following reliefs:

“I. An appropriate writ or direction be issued commanding the Respondents to conduct a fair time bound

Patna High Court CWJC No.6950 of 2026 dt.05-05-2026 2/3

enquiry into the illegal demand of money and misconduct of Respondent No. 5 and to take disciplinary action against Respondent No. 5 in accordance with law.

II. An appropriate writ or direction be issued restraining the Respondent No. 5 from harassing or defaming the petitioner.

III. An appropriate direction be passed to ensure protection of service, honour and working condition of petitioner.

IV. Any other appropriate writ or direction may be passed which may be applicable in the facts and circumstances of the case.”

Learned counsel for the State raises a preliminary

objection and submits that the petitioner has not approached the appropriate authority, namely respondent no. 2 in the present case.

In that view of the matter, this writ petition is disposed of with a direction to the petitioner to avail her remedy by filing a fresh representation, along with a copy of this order, before respondent no. 2, the Mission Director, State Health Society, Bihar, Patna, within a period of 30 days from today. Upon receipt of such representation, respondent no. 2 shall

Patna High Court CWJC No.6950 of 2026 dt.05-05-2026 3/3

consider the same and pass a reasoned and speaking order, after affording an opportunity of hearing to all concerned, within a period of 90 days thereafter.

(Dr. Anshuman, J)

Mkr./-

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	06.05.2026
Transmission Date