Meera Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12033 of 2013 ====================================================== Meera Kumari, Wife of Sri Amrendra Kumar, Resident of Village- Badipur, P.S. Naubatpur, P.O. Chiraura, Distt- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar and Ors 2.

The Principal Secretary, Social Welfare Department, Govt. Of Bihar, Patna 3.

The Director, Icd.S. Integrated Child Development Scheme Social Welfare Department, Bihar, Patna 4.

The Assistant Director, I C D S Social Welfare Department, Bihar, Patna. Division 5.

The Divisional Commissioner, Patna 6.

The District Magistrate, Patna 7.

The District Programme Officer, Patna 8.

The Child Development Project Officer, Naubatpur, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailesh Kumar, Advocate Mr. Ravi Ranjan, Advocate For the Respondent/s :

Mr. Anirban Kundu, SC-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-01-2023 Heard the parties.

Petitioner has filed this writ petition for quashing the order dated 13.04.2013 (Annexure-6) passed by respondent No.7, the District Programme Officer, Patna in case No. 216/ 2013 whereby and whereunder the petitioner has been terminated from the post of Sevika, Anganbari Centre Badipur situated at Naubatpur, Patna.

Learned counsel for the State submits that under Section 12 of Bihar Aanganwadi Sevika/ Sahaika Chayan

Patna High Court CWJC No.12033 of 2013(2) dt.09-01-2023 2/2 Margdarshika, 2019 there is provision of appeal before the District Magistrate against the order passed by the appointing authority and the petitioner has approached this Court without availing such remedy.

In that view of the matter, petitioner is directed to file appeal before the District Magistrate, Patna against the order dated 13.04.2013 (Annexure-6) passed by respondent No.7, the District Programme Officer, Patna and in case such appeal is filed within four weeks from today, the appeal shall be disposed of after hearing the parties by a reasoned and speaking order within a period of six months thereafter without going into question of delay, if any, which may have occurred in filing the appeal.

This writ petition is disposed of in aforesaid terms. (Prabhat Kumar Singh, J) Navya/- U