Gopal Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9473 of 2026 ====================================================== Gopal Das Son of Manilal Das @ Manilal Ravidas, Resident of Village - Singhjor, P.O.- Domuhan, Police Station- Banka, District-Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Social Welfare Department, Government of Bihar, Patna.

2.

The Secretary Scheduled Caste and Scheduled Tribe Welfare Department, Government of Bihar, Patna.

3.

The Director Scheduled Caste and Scheduled Tribe Welfare Department, Government of Bihar, Patna.

4.

The District Magistrate-cum-Collector District -Banka. 5.

The District Project Officer-cum-District Welfare Officer Scheduled Caste and Scheduled Tribe Welfare Department, Banka, District - Banka. 6.

The District Project Officer Mahadalit Mission, Banka. 7.

The Sub-Divisional Officer Banka, District - Banka. 8.

The Sub-Divisional Welfare Officer Banka, District - Banka. 9.

The Block Development Officer Katoriya, Distt. - Banka 10.

The Block welfare Officer Banka.

11.

The Mission Director, Bihar Mahadalit Bikash Mission, Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Balram Kapri, Advocate For the Respondent/s :

Mr. Standing Counsel (26) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-07-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that due to an inadvertent mistake, the Mission Director, Bihar Mahadalit Bikash Mission could not be added as party respondent in this case.

2/4

3. As such, learned counsel for the petitioner is hereby directed to add/implead "The Mission Director, Bihar Mahadalit Bikash Mission, Patna, Bihar" as party respondent no. 11 in the hard copy of the title page of the present writ petition, in course of the day.

4. Office is also directed to add/implead "The Mission Director, Bihar Mahadalit Bikash Mission, Patna, Bihar" as party respondent no. 11 in the soft copy of the title page of the present writ petition.

5. The present writ petition has been filed for the following relief/s:- "I. For issuance of writ in the nature of Certiorari for quashing and setting aside the impugned order contained in Memo No.

1170 dated 26.04.2025, passed by the District Project Officer-cum-District Welfare Officer, Scheduled Caste and Scheduled Tribe Welfare Department, Banka, whereby the petitioner has been removed from the post of Vikas Mitra, the same being illegal, arbitrary, violative of principles of natural justice and contrary to the applicable guidelines governing such appointment;

II. For issuance of writ in the nature of Mandamus commanding the respondents to

3/4 reinstate the petitioner on the post of Vikas Mitra with full continuity of service, and further to pay all consequential benefits including arrears of honorarium for the intervening period during which the petitioner has been illegally kept out of service.

III. For further direction upon the respondent authorities not to make fresh selection/appointment on the post and place of the petitioner.

IV. For grant of any other relief/reliefs if petitioner is found entitle in the facts and circumstances of the present case."

6. Learned counsel for the State raised preliminary objection and submits that the matter is relating to appointment of Vikas Mitra. He submits that the selection of Vikas Mitra used to be guided by the chayan margdarshika of Vikas Mitra, in which the District Magistrate is the competent authority before whom, order of District Project Officer, Mahadalit Mission is challengeable, but the petitioner has moved directly before this Hon'ble Court.

7. In this view of the matter, this writ petition stands disposed off with liberty to the petitioner to challenge the order passed by the District Project Officer-cum-District

4/4 Welfare Officer, SC & ST Welfare Department, Banka dated 26.04.2025 contained in Memo No. 1170 before the District Magistrate-cum-Collector, Banka (Respondent no. 4) within 30 days from today and the Respondent no. 4 shall pass order in accordance with law within 90 days thereafter. (Dr. Anshuman, J) Divyansh/- U