Devanti Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1427 of 2017 ====================================================== Devanti Kumari wife of Sri Kedar Prasad @ Kedar Singh, resident of VillageDadhpi, P.S.- Madanpur, District- Aurangabad. ... ... Appellant/s

Versus

1. The State of Bihar through the District Magistrate, Aurangabad.

2. The District Magistrate, Aurangabad.

3. The Assistant Director, Integrated Child Development Scheme Directorate, Bihar, Patna.

4. The District Programme Officer, Aurangabad. null null

5. The Child Development Project Officer, Madanpur, Aurangabad.

6. The Mukhiya, Gram Panchayat Raj, Dadhpi, Block- Madanpur, DistrictAurangabad.

7. The Panchayat Secretary, Gram Panchayat Raj, Dadhpi, Block- Madanpur, District- Aurangabad.

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

For the Appellant/s :

Mr. Shashi Bhushan Kumar, Advocate For the Respondent/s :

Mr. Ac to AAG 8 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-12-2017 On account of the fact that the appellant, an Anganwari Sevika, was absent for two days when inspection of the Centre was undertaken on 05.07.2011, her services were dispensed with. However, while doing so, the question of leave application submitted by the appellant and endorsement on the same made by the Mukhiya and the fact that under similar circumstances in the case of certain other Anganwari Sevika, a Bench of this Court in Civil Writ Jurisdiction Case No.17219 of 2013 (Baijanti Kumari v.

Patna High Court LPA No.1427 of 2017 dt.18-12-2017 2/2 The State of Bihar & Others) had remanded the matter back to the District Programme officer for reconsideration, we allow this appeal in part. The impugned orders passed by the learned Writ Court, the appellate authority and the District Programme Officer are quashed and the matter is remanded back to the District Programme Officer, Aurangabad to re-examine the claim of the appellant, hear the appellant and reconsider the same keeping in view the observations made in the case of Baijanti Kumari (supra). If any third party interest has created, the said third party shall also be heard by the District Programme Officer.

With the aforesaid, the appeal stands disposed of. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.12.2017 Transmission Date