Anubha Rani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5499 of 2020 ====================================================== Anubha Rani W/o Randhir Kumar Shahi, Resident of Mohalla- Mission Compound, Mahadeva, P.S. Siwan, District- Siwan. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Siwan.

3.

The Sub Divisional Officer, Siwan.

4.

The District Programme Officer, Siwan.

5.

The Child Development Officer, Barhariya, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Respondent/s :

Mr.Prasant Pratap ( Gp2 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 03-12-2021 Heard the learned counsels for the parties.

2. In the present petition, petitioners have prayed for following reliefs:

"(i) To issue a writ in the nature of certiorari to quash the Memo No.4 (Mu) dt. 08.01.2020 (Annexure-8 hereof) passed by District Magistrate, Siwan whereby and where under the petitioner has been removed from the service (the post of Mahila Supervisor).

(ii). To hold and declare that petitioner has not committed any misconduct and illegal act during discharge of her official duty.

(iii) To direct the respondents to reinstate the service of petitioner on the post of Mahila Supervisor with all consequential service benefit originally

Patna High Court CWJC No.5499 of 2020 dt.03-12-2021 2/3 what she was having.

(iv) to restrain the respondents from harassing the petitioner.

(v) To hold and declare that in terms of Guidline 2016 prescribed for selection of Angan Bari Sevika/ Sahayika;

And in terms of law emanating from principal of natural justice impugned order is not sustainable in the eye of law.

(vi) To grant any other reliefs to the petitioner for which she is entitled to have."

3. The petitioner has statutory remedy of appeal before the appellate authority. Without exhausting statutory remedy of appeal, petitioner has presented this petition. Thus, petitioner has not made out a case so as to entertain the present petition.

4. Accordingly, the present petition stands disposed of reserving liberty to the petitioner to prefer memorandum of appeal before the appellate authority within a period of four weeks from today. On receipt of petitioner's memorandum of appeal, the appellate authority is hereby directed to decide the the same within a period of three months from the date of receipt of petitioner's memorandum of appeal. If there is any delay in submission of appeal, the appellate authority is hereby directed to take note of Section 14 of the Limitation Act, 1963 and consider the issue of appeal.

Patna High Court CWJC No.5499 of 2020 dt.03-12-2021 3/3

5. with the above observations, the instant petition stands disposed of.

(P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date 06.12.2021 Transmission Date