Guriya Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 2966 of 2020 ====================================================== Guriya Kumari Wife of Rakesh Kumar Resident of Village and P.O.- Khairimal, P.S.- Pipra, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Social Welfare, Bihar, Patna.

2.

Director, Integrated Child Development Services, Bihar, Patna. 3.

The District Magistrate, East Champaran at Motihari. 4.

The District Programme Officer (ICDS), East Champaran at Motihari. 5.

The Child Development Project Officer, Chakiya, East Champaran. 6.

Block Development Officer, Chakiya, East Champaran. 7.

Lady Supervisor, Child Development Project Chakiya, Chakiya, East Champaran.

The Divisional Commissioner, Tirhut Division, Bihar 8.

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

For the Petitioner/s :

Mr Shantanu Kumar, Advocate For the Respondent/s :

Ms Kumari Amrita, GP III ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 27-02-2020 Learned counsel for the petitioner is permitted to implead the Commissioner, Tirhut Division, Muzaffarpur as Respondent No 8.

Heard learned counsel for the petitioner and the Respondent-State.

It is submitted by petitioner's counsel that the petitioner has unceremoniously been deprived of the benefits of her selection dated 12.01.2019. The complaint against her selection is yet to be examined, but, in the meantime, the Child Development Project Officer has proceeded to select another

Patna High Court CWJC No.2966 of 2020(2) dt.27-02-2020 2/2 person in her place without even examining the issue. It is submitted that this fact is also evident from paragraph 4 of the Communication of the District Magistrate dated 07.11.2019 sent to the office of the Lokayukt, Bihar.

Petitioner has filed an appeal bearing Appeal Case No 20 of 2019 before the District Magistrate.

It is rightly pointed out by the learned counsel representing the State that under the new Guideline dated 27.05.2019, the matter now has to be transmitted before the Divisional Commissioner who is the current competent Authority.

Let the step be taken for transmission of the records before the Division Commissioner within two weeks from the date of receipt/production of a copy of this order. The Divisional Commissioner shall, thereafter, proceed to expedite the hearing of the pending appeal and dispose it of without any undue delay, and in accordance with law.

Writ petition stands disposed of.

(Madhuresh Prasad, J) M.E.H./- U