Sunita Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18410 of 2018 ====================================================== Sunita Kumari Wife of Shatrudhan Rai Resident of Village-Gidha Phulwaria,Post Office-Subhaigarh,Police Station Runisaidpur,Distt.-Sitamarhi ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

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

The Director,Integrated Child Development Scheme,Govt. of Bihar,Patna 4.

The Distirct Magistrate,Sitamarhi 5.

The District Programme Officer,Sitamarhi 6.

The Child Development Project Officer,Runnisaidpur,Distt.-Sitamarhi 7.

Rani Devi Wife of Uday Kumar Resident of Village-Fulwaria,Gram Panchayat Giddha Fulwaria,Post Office Subhaigarh,Ward No.08Police Station Runnisaidpur,Distt.-Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajey Kumar For the Respondent/s :

Mr.Prashant Pratap -GP2 Mr. Lala S. N. Rais, AC to GP 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-01-2023 Heard the parties.

Petitioner has filed this writ petition for quashing the order dated 19.07.2018 (Annexure-11) passed by respondent No.4, the Appellate Authority, in Aangawadi Appeal case No. 14/ 2018 by which the Appellate Authority has quashed the order dated 23.03.2017 (Annexure-7) passed by respondent No.5 and allowed the appeal filed by private respondent No.7 by which petitioner has been removed from service. Learned counsel for the State submits that under

Patna High Court CWJC No.18410 of 2018(4) dt.02-01-2023 2/2 Section 12 of Bihar Aanganwadi Sevika/ Sahaika Chayan Margdarshika, 2019 there is provision of revision before the Divisional Commissioner against the order passed by the Appellate Authority and the petitioner has approached this court without availing such remedy.

In that view of the matter, I direct that the petitioner may file revision before the Divisional Commissioner, Sitamarhi against the order dated 19.07.2018 (Annexure-11) passed by respondent No.4, the District Magistrate, Sitamarhi and in case such revision is filed within four weeks from today, the revision 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 revision.

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