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Patna High CourtCWJC/7217/2015disposed

Prabha Kumari v. The State Of Bihar And ORS

2019-04-23Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 7217 of 2015 ====================================================== Prabha Kumari, W/O Shri Jagnarain Sharma, Resident of Village- Bajitpur, P.S.- Tekari, District- Gaya ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Commissioner, Magadh Division, Gaya 3.

The District Magistrate, Gaya 4.

5.

The Child Development Project Officer, Tekari, Gaya The Deputy Director (Welfare), Magadh Division, Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Syed Asgher Najmi, Advocate For the Respondent/s :

Mr R B N Singh, AC to GA X ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 23-04-2019 Learned counsel for the petitioner is permitted to implead Deputy Director (Welfare) in the office of the Commissioner, Magadh Division as respondent No 5 to the writ petition.

Learned counsel for the State submits that against the order passed by the District Magistrate, Gaya dated 18.12.2014, petitioner had a remedy before the Deputy Director (Welfare), Gaya.

Petitioner, who was Angan Bari Sevika for Center at Bajitpur, has been removed on account of her absence on 24.03.2008 when the Center was inspected by the District Magistrate, Gaya. The Appellate Authority, i e, the Deputy

Patna High Court CWJC No.7217 of 2015(2) dt.23-04-2019 2/2 Director (Welfare), before whom the petitioner will file her appeal, should consider the case of the petitioner in light of decision in the case of Sabita Kumari -Versus- State of Bihar decided in CWJC No 308 of 2015. Petitioner's counsel submits that the petitioner would be relying upon the same before the Deputy Director (Welfare) in her appeal to be filed before the authority.

If such appeal is filed within four weeks, then, without raising the issue of delay, the same may be considered after hearing the necessary parties and dispose it of on its merit in accordance with law expeditiously and without any undue delay.

Writ petition stands disposed of.

(Madhuresh Prasad, J) M.E.H./- U