Patna High Court Annual Digest 2025

Citation 2025 LiveLaw (Pat) 1 to 2025 LiveLaw (Pat) 104Termination Of Services Of Anganwadi Supervisor Without Following Procedure, Patna HC RevokesCase Title: Kiran Devi vs The State of Bihar and OrsCitation: 2025 LiveLaw (Pat) 1A single judge bench of the Patna High Court comprising of Justice Bibek Chaudhuri held that termination of Anganwadi Supervisor from the service without following the termination procedure under Clause XIV of the Pervekshika Niyojan Margdarshika is invalid.The State Government created the Anganwadi Center No. 206 in Ward No. 8, Pilapur, Bhojpur District. Therefore the positions of Anganwadi Sevika/ Sahayika were advertised in 2016. Fourteen applications were received for the advertised post. There petitioner got the highest merit score and was selected during a public meeting (Aam Sabha) on November 12, 2016, in the presence of officials. No objections were raised during the provided time. However, after the selection process, some villagers raised allegations claiming that petitioner's academic documents were forged. Despite these objections, the C.D.P.O., Jagdishpur decided to proceed with her appointment.Recovery Of Excess Pension Payments From Retired Class-III Employee Impermissible: Patna HCCase Title: Pramod Kumar Sinha vs The Union of India and OrsCitation: 2025 LiveLaw (Pat) 2 A Single Judge Bench consisting Justice Purnendu Singh allowed a writ petition that challenged the recovery of excess pension payments made to a retired Central Industrial Security Force Sub-Inspector. Following State of Punjab v. Rafiq Masih, the court ruled that recovery of excess payments from Class-III employees is impermissible when the error is administrative and not due to employee misrepresentation. Thus, the court ordered restoration of full pensionary benefits without any deductions.Cognizance Of Offence U/S 188 IPC Requires Complaint By Public Servant, Not FIR: Patna High Court Quashes Magistrate's OrderCase Title: Bijay Kumar @ Bijay Kumar Bimal vs State of BiharCitation: 2025 LiveLaw (Pat) 3The Patna High Court in a judgment delivered recently, quashed the cognizance taken by the Judicial Magistrate of offence under Section 188 of the Indian Penal Code (IPC).The court held that cognizance for the offence under Section 188 IPC cannot be taken on the basis of a police report and must adhere strictly to the requirements of Section 195(1)(a) of the Code of Criminal Procedure (CrPC).'Recovery Of Excess Amount From Retired Employee For Period More Than Five Years Before Order Of Recovery Is Impermissible', Patna High CourtCase Title: Kamlesh Prasad vs. State of BiharCitation: 2025 LiveLaw (Pat) 4A Bench of the Patna High Court comprising Justice Arvind Singh Chandel allowed a Petition challenging an Order of Recovery from a Retired Clerk who was paid an excess amount due to alleged wrong pay fixation. The Court reiterated that the recovery of excess amount paid by mistake is not permissible in cases where the recovery is made in case of employees belonging to Class-III and Class-IV service and also in cases where the Recovery is sought for the excess amount received by Employees for a period more than five years before the order of recovery is issued.'Re-evaluation Is Not Permissible In Cases Where Authorities Have Ensured Clarity', Patna High CourtCase Title: Bihar Public Service Commission versus Dr. Eena Bahan & OrsCitation: 2025 LiveLaw (Pat) 5A Division Bench of the Patna High Court comprising Chief Justice K. Vinod Chandran and Justice Nani Tagia while setting aside a judgment of a Single Judge directing re-evaluation held that in cases related to re-evaluation, the court may permit such re-evaluation or scrutiny only if it is demonstrated very clearly, without any "inferential process of reasoning or by a process of rationalisation" and only in rare or exceptional cases where a material error is committed. The Bench observed that in cases where proper care has been taken the authorities to ensure fair treatment and justice and the same is proven in the Court, re-evaluation may not be directed.Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High CourtCase Title: Draupadi Kunwar @ Draupati Kunwar and Ors vs The State of Bihar and AnrCitation: 2025 LiveLaw (Pat) 6The Patna High Court has held that those not charge-sheeted by the police can also be summoned to face trial under Section 319 of the Code of Criminal Procedure India, 1973 (Cr.PC) if strong and cogent evidence against them surfaces during the trial.Justice Jitendra Kumar, while dismissing the criminal revision petition filed by Draupadi Kunwar and others, observed, “The Court is empowered to summon any person to be tried together with the accused if it appears to the Court, on the basis of the evidence adduced during the ongoing trial, that he has committed the offence.”Unilateral Appointment Clause Of Arbitrator Hinders Equal Participation Of Parties In...

Patna High Court Annual Digest 2025

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