Asha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24851 of 2018 ====================================================== Asha Devi wofe of Paras Paswan Resident of village- Satrna, police StationKochas, District- Rohtas Sasaram ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Rohtas Sasaram.

3.

The District Programme Officer, Rohtas, Sasaram. 4.

The Child Development Project Officer C.D.P.O. Kochas, District- Rohtas Sasaram.

5.

Manju Kumari d/o Bansh Narayan Paswan, Resident of village - Satsa, Police Station- Kochas, District- Rohtas.

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

For the Petitioner/s :

Mr. Ram Pravesh Nath Tiwari For the Respondent/s :

Mr. Md.Raisul Haque -Sc10 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for quashing the office order issued by the District Programme Officer, Rohtas, Sasaram (respondent no.3) as contained in Letter No.1049 dated 15.11.2018 whereby the respondent has cancelled the selection of the petitioner as Anganbari Sevika from the Anganbari Center No.160, Satarna III situated in Village-Satarna, P.S. Kochas, District- Rohtas without providing any opportunity and in gross violation of natural justice.

3. Learned counsel for the State submits that the

Patna High Court CWJC No.24851 of 2018(2) dt.30-07-2024 2/2 petitioner has statutory remedy to file the appeal from the order passed by the DPO, Rohtas, Sasaram of his removal, but instead thereof, petitioner has preferred the writ petition. Counsel further submits that the petitioner has liberty to raise all the points before the appellate forum.

4. In this background, it is hereby directed to the petitioner to avail her remedy in appeal and she is free to raise all the points which raised in the present writ petition.

5. It is made clear to the Appellate Authority that delay if any in filing the appeal shall be condoned if, filed within 30 days.

6. Accordingly, the present writ petition stands disposed off.

(Dr. Anshuman, J) Divyansh/- U