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Patna High CourtCWJC/6427/2020disposed

Kalawati v. The State Of Bihar.

2021-12-17Mr. Justice P. B. Bajanthri3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6427 of 2020 ====================================================== Kalawati W/o Sri Ajay Prasad @ Ajay Kumar, R/o Village Dawa Bigha, Ward no. 10, P.O.- Ekangardih, P.S.- Ekangar Sarai, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Director, Social Welfare, Government of Bihar, Patna. 3.

Collector, Nalanda.

4.

District Programme Officer, Nalanda.

5.

Child Development Project Officer, Ekangar Sarai, Nalanda. 6.

Mahila Parveshika Cum Sachiv (Chayan Samiti) Ekangarsarai, Nalanda. 7.

Panchayat Sachiv, Gram Panchayat Ekangardih, P.S. Ekangarsarai, Nalanda. 8.

Mukhia, Gram Panchayat Raj Ekangardih, P.S. Ekangar Sarai, Nalanda. 9.

Lalita Kumari, W/o Sri Niranjan Kumar, R/o Village Dawa Bigha, Ward no. 10, P.O.- Ekangardih, P.S. Ekangar Sarai, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rewti Kant Raman, Advocate For the Respondent/s :

Mr. Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 17-12-2021 This matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic.

Service of notice to 9th respondent is dispensed since no adverse order is passed against her.

Heard learned counsels for respective parties. In the instant petition, petitioner has prayed for the following reliefs:-

Patna High Court CWJC No.6427 of 2020 dt.17-12-2021 2/3 "For a direction to the respondent Collector, Nalanda to dispose of the Misc.

Appeal No. /19 which has been filed by the petitioner on 24.10.19 but till date appeal number has not been given nor disposed off/for quashing the order contained in Memo no. 1686 dated 27.9.19 passed by the District Programme Officer, Nalanda in Casé no. 57/19 by which he has terminated the service of the petitioner for the post of Anganwari Sahayika of Dawa Bigha Ward no.10 of Anganwari Centre no.201 of Gram Panchayat Raj Ekangardih within Ekangarsarai Block within the district of Nalanda and in the meantime respondent no.3 must stay the operation of the impugned order before him as District Programme Officer, Nalanda is adamant to hand over charge taking from the petitioner by appointing respondent no. 8 in place of the petitioner and respondent no. 3 is not hearing the appeal on the point of admission though same was filed well with limitation petition as on none of the dates fixed in the case he has not held the court."

Petitioner's grievance is relating to dispose of petitioner's appeal stated to have been filed before the appellate authority.

Appellate authority is hereby directed to pass speaking order on the petitioner's appeal after hearing 9th respondent. Such speaking order shall be passed on the petitioner's appeal within a period of two months from the date of receipt of this order, failing which the petitioner is entitled to litigation cost and it is quantified

Patna High Court CWJC No.6427 of 2020 dt.17-12-2021 3/3 Rs. 10,000/- which shall be paid by the appellate authority from his pocket and not from the Department.

With the aforesaid observations, the present writ petition stands disposed off.

(P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A