Kanchan Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.433 of 2025 ====================================================== Kanchan Kumari Wife of Shadhusharan Prasad, daughter of Rameshwar Prasad, resident of village - Parasadiha, P.S. - Nagarnausa, District - Nalanda. ... ... Petitioner/s

Versus

1.

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

2.

The Director (Health Services), Health Department, Government of Bihar, Patna.

3.

The District Magistrate, District- Supaul.

4.

The Civil Surgeon-cum-Member Secretary, District Health Society, District - Supaul.

5.

The District Magistrate, District - East Champaran at Motihari. 6.

The Civil Surgeon-cum-Member Secretary, District Health Society, District - East Champaran at Motihari.

7.

The Medical Officer I/c, Primary Health Centre, Raxaul, at Raxaul, District - East Champaran.

8.

The Branch Manager, Axis Bank Limited, Supaul Branch, District - Supaul. 9.

Kanchan Kumari @ real name unknown, Wife of unknown, presently posted as Auxiliary Nurse Midwife (ANM), Primary Health Centre, Raxaul, District - East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. S.D. Yadav, AAG-9 Mr. Braj Bhushan Mishra, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-04-2026 No one appears on behalf of the petitioner. However, learned counsel for the State is present.

2. The present writ petition has been filed for the following reliefs:- a) To direct the Respondent Authorities concerned to make payment of arrears of honorarium / salary, which has

2/4 been abruptly stopped since May, 2024 without any rhyme or reason, to the Petitioner who is working as Auxiliary Nurse Midwife (ANM) at the Primary Health Centre, Basantpur, District Supaul.

b) For a direction upon the Respondent Authorities concerned to enquire into the matter and take appropriate action for removal of one Kanchan Kumari (Respondent No. 9), presently posted as Auxiliary Nurse Midwife (ANM), Primary Health Centre, Raxaul, District East Champaran as well as take appropriate criminal action against her for impersonating the Petitioner and securing and continuing on the post of ANM on the basis of certificates and credentials of the Petitioner.

c) To pass any other order/orders in shape of a consequential relief to which the Petitioner may be found to be legally entitled to in the facts and circumstances of the instant case at hand.

3. From the writ petition, it transpires to this Court that the basic claim of the petitioner is that she had applied for the post of A.N.M. on a contractual basis in two districts, namely Supaul and East Champaran, pursuant to different advertisements issued in the year 2010. She was called for

3/4 counselling in both districts. However, she chose to appear at Primary Health Centre, Basantpur, District Supaul, and started continuing on the said post and discharging her duties.

4. It is alleged that respondent No. 9 took advantage of the petitioner's absence from the counselling held in East Champaran and fraudulently joined in that district by impersonating the petitioner. It further transpires that the petitioner has been regularly working on the post of A.N.M. at Primary Health Centre, Basantpur, District Supaul, and was receiving regular honorarium/salary in her bank account maintained with Axis Bank Limited (Supaul Branch) till April 2024. However, the petitioner's bank account was deactivated with effect from 11.05.2024.

5. Upon enquiry, it was revealed that the PAN number of the petitioner had been linked with a different Aadhaar number due to interpolation allegedly made by respondent No.

9. In this regard, the petitioner filed a detailed representation as Annexure-P/6, but no action was taken by the respondent authorities, hence, she has filed the present writ petition.

6. Learned counsel for the State, on the other hand, submits that a counter-affidavit has been filed in which it has been stated that, upon the representation of the petitioner, the

4/4 State has taken action. In the enquiry, it has come to light that respondent No. 9, by impersonating the petitioner, was continuing on the post on the basis of the petitioner's certificates and credentials.

7. After the petitioner filed the representation, it was identified that respondent No. 9 is a fraudulent person. Accordingly, an FIR has been lodged against respondent No. 9, which is annexed as Annexure-B to the counter-affidavit, and respondent No. 9 has already been terminated. In this manner, the grievance of the petitioner raised in the present writ petition has already been redressed.

8. It has also been mentioned in paragraph No. 10 of the counter-affidavit that the petitioner has received her honorarium from May 2024 to February 2025 as well, which is annexed as Annexure-D.

9. In this view of the matter, it transpires to this Court that the grievance of the petitioner has been settled, accordingly, the present writ petition stands disposed of. (Dr. Anshuman, J.) Aman Kumar/- U