Indu Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2290 of 2019 ====================================================== Indu Kumari W/o Umashankar Prasad Sharma R/o Village-Post Pain, P.S. Dist. Sheikhpura ... ... Petitioner/s

Versus

1. The State Of Bihar through, Director, Integrated Child Development Services, Social Welfare Department, Govt. of Bihar, Patna

2. The Addl. Chief Secretary, Social Welfare Deparment, Govt. of Bihar Patna

3. The District Magistrate, Sheikhpura, PS-Dist. Sheikhpura

4. The District Programme Officer, Sheikhpura, PS+Dist Sheikhpura

5. The Child Development Programme Officer, Ariari, PS +Dist. Sheikhpura

6. Anita Kumari W/o Ranjeet Prasad Centre No. 77 Ekrai, Anganwadi, Gram Panchayat Dihar, P.S. Ariyari, Dist. Sheikhpura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar, Adv.

For the Respondent/s :

Mr. Gyan Prakash Ojha (GA-7) Mr. Abhishek Singh, AC to GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 13-02-2019 The petitioner has challenged the order of termination of her contract as Aganbari Supervisor by the District Magistrate, Sheikhpura by his order dated 30.11.2018.

Under the guidelines of 2010, in case of termination of a contract of Aganbari Supervisor, the first appellate authority is the Collector who has passed the order.

Against the order of the Collector, an appeal

Patna High Court CWJC No.2290 of 2019 dt.13-02-2019 2/3 could be filed by the aggrieved person before the Divisional Commissioner who is required to pass orders after hearing the aggrieved person and perusing the records of the case.

After some arguments, learned counsel for the petitioner seeks permission to withdraw this writ petition in order to enable the petitioner to prefer an appeal before the Divisional Commissioner Munger within a period of three weeks from today. On receipt of such appeal, the same shall be disposed of within a period of four weeks thereafter. The Divisional Commissioner Munger shall also consider that only because of the petitioner having chosen a wrong forum, in the first instance, to agitate against the order of the District Magistrate, Sheikhpura, some time was wasted/lost which fact would be considered by the Divisional Commissioner Munger, while accepting the memo of appeal from the petitioner.

Needless to state that the petitioner would have

Patna High Court CWJC No.2290 of 2019 dt.13-02-2019 3/3 the liberty of urging all the grounds in his favour before the Divisional Commissioner Munger, who shall dispose of the appeal in accordance with law within the aforesaid stipulated period.

With the aforesaid direction, the writ petition is permitted to be withdrawn.

(Ashutosh Kumar, J) vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.02.2019 Transmission Date