Smt. Shanti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6877 of 2019 ====================================================== Smt. Shanti Kumari Wife of Babulal Ram R/o Village-Dahibhatta, P.O.- Dahibhatta, P.S.-Uchakagaon, District-Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, SC/ST Welfare Department, Govt. of Bihar, Patna 2.

The District Magistrate Gopalganj 3.

The District Welfare Officer Gopalganj 4.

The Sub-Divisional Officer Hathua, District-Gopalganj 5.

The Block Development Officer Uchakagaon, District-Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Dhirendra Kumar Singh, Advocate For the Respondents :

Mr. Gyan Prakash Ojha ( GA-7 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 26-04-2019 Heard the learned counsel for the parties.

2. The petitioner is aggrieved by the order dated 24.10.2018 contained in Memo No. 1588 issued under the signature of Sub-Divisional Officer, Hathua, Gopalganj whereby the engagement of the petitioner along with two others has been terminated on the basis of a decision taken by the Committee on 23.10.2018, the reason behind being that the petitioner and two others had been appointed in excess of the vacancy/requirement.

Patna High Court CWJC No.6877 of 2019 dt.26-04-2019 2/3

3. Learned counsel for the petitioner has submitted that she was engaged as Vikash Mitra in the year 2010 and after working for eight years, a decision unilaterally has been taken for terminating her services. How many persons were appointed in excess of the strength and why the petitioner along with two others was chosen is also not known. If the engagement of the petitioner is in the last i.e. if others were engaged prior to the petitioner then perhaps there could be some justification but not otherwise.

4. Since the order does not refer to the deliberations of the Committee and the reason for coming to such a conclusion viz. choosing petitioner and two others to be removed from service, the decision making process remains intranslucent.

5. The petitioner is directed to make a representation against the aforesaid order passed by the Sub-Divisional Officer, Hathua, Gopalganj (respondent no.

4) before the Biahr State Mahadalit Vikash Mission.

Patna High Court CWJC No.6877 of 2019 dt.26-04-2019 3/3

6. Should such a representation be filed within a period of three weeks from today, it shall be disposed by the Director of the Biahr State Mahadalit Vikash Mission within a further period of six weeks thereafter.

7. With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.05.2019 Transmission Date