Rekha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4836 of 2019 ====================================================== Rekha Devi, Female, aged about 27 years, Wife of Sunil Kumar, Resident of Village- Dhurubhigha, P.S. Kalpa, District- Jehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary Govt. of Bihar, Patna. 2.

The Director, I.S.D. Social Welfare Development Bihar, Patna. 3.

The Collector, Jehanabad.

4.

The District Programme Officer, Jehanabad.

5.

The Child Development Project Officer, Jehanabad. 6.

The Panchayat Secretary, Jambuk Jehanabad.

7.

Rinku Devi, Female, aged about 34 years, Wife of Upendra Kumar Singh, Resident of Village- Khidarpura, Post Surugapur, P.S. and DistrictJehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar, Adv.

For the Respondent/s :

Mr. S.K. Mandal, SC-3 Ms. Neelam Kumari, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 28-03-2019 The petitioner had applied for being considered for appointment as Anganbari Sevika in Ward No. 2 in Village-Dhurbigha, in the District of Jehanabad. In the merit-list which was prepared, the private respondent No. 7

2/4 though was ranked at Serial No. 1, but she hailed from Ward No. 1 and, therefore, she could not have been considered for being appointed on the said post. The name of the petitioner found mention at Serial No. 2 in the merit-list.

2. It is the case of the petitioner that the private respondent No. 7 was wrongly and unauthorizedly appointed on the post of Anganbari Sevika. A complaint was made by the petitioner before the Bihar Public Grievance Redressal Cell, Jehanabad, where it was directed that the issue would be required to be looked at and the complaint is to be disposed off at the end of the District Programme Officer, Jehanabad. The aforesaid order was passed on 26.04.2018, whereby the matter was remitted to the Office of the District Programme Officer, Jehanabad.

3. From the averments made in the writ petition, it further appears that an order has been passed by the District Programme Officer, Jehanabad on 21.06.2018, but the copy of the order has not been made available to the petitioner, despite the petitioner having asked for the same repeatedly. This allegation, if found to be true, is a serious

3/4 issue which needs to be dealt with sternly by the superior authority, viz., the District Magistrate, Jehanabad.

4. In the absence of the order of the District Programme Officer, Jehanabad, the petitioner was forced to make a complaint before the District Magistrate, Jehanabad, but that has also not been acted upon till date.

5. This Court, therefore, directs the District Programme Officer, Jehanabad (respondent No. 4) to immediately make available a copy of the order dated 21.06.2018, if at all it has been passed by him on the asking of the petitioner, within a period of one week from today. If the petitioner is dissatisfied by the contents of the order dated 21.06.2018, she shall have the liberty to approach the District Magistrate, Jehanabad against such order.

6. The District Magistrate, Jehanabad (respondent No. 3) is further directed to inquire as to under what circumstances, the District Programme Officer, Jehanabad did not make available the copy of the order passed by him on 21.06.2018 to the petitioner, when it

4/4 concerns her future and there is a forum of appeal against any order passed by such District Programme Officer. In case, lapses are found on the part of the District Programme Officer, Jehanabad, the District Magistrate, Jehanabad is directed to take necessary action against the erring District Programme Officer, Jehanabad, but not before noticing him/her and seeking his/her response over the issue.

7. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 03.04.2019 Transmission Date N/A