Mala Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5566 of 2024 ====================================================== Mala Kumari wife of Jitendra Sharma, Resident of Village-Khairwa, P.O.- Bela Chamahi, Police Station-Chhauradano, District-East Champaran. ... ... Petitioner/s

Versus

1.

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

2.

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

The District Magistrate, East Champaran, Motihari. 4.

The District Programme Officer, East Champaran, Motihari. 5.

The C.D.P.O. Chhauradano, District-East Champaran, Motihari. 6.

Rajiya Bano, wife of Mogle Azam, resident of Village-Khairwa, P.O.-Belka Chamahi, Police Station-Chhauradano, District-East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Chandra Bhaskar, Advocate For the State :

Mr. Madhaw Pd. Yadaw, GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-04-2024 The present writ petition has been filed seeking the following relief:- "A. A writ in the nature of Certiorari or any other appropriate writ/writs, order/orders for quashing the order dated 19.12.2023 passed by the learned Collector-cum-District Magistrate East Champaran, Motihari in Anganwari Appeal No 17/2019 whereby and whereunder he has pleased to reject the

Patna High Court CWJC No.5566 of 2024(2) dt.18-04-2024 2/3 appeal of the petitioner and affirmed the order dated 18.12.2018 passed in Case No.169/ 2018 by learned District Programme Officer, I.C.D.S., East Champaran, Motihari whereby he has allowed the case of respondent No.6 and passed termination order of the petitioner B. A writ in the nature of Mandamus or any other appropriate writ/writs, order orders, direction commanding the respondent for the following:- (i) To reinstate the petitioner on the post of Anganbari Sevika at Anganbari Centre No. 161, Ward No. 08 situated at VillageKhairwa. PO Bela Chamahi, Police Station- Chhauradano, District- East Champaran with all consequential monitory benefits.

(ii) to hold that the termination of the petitioner from the post of Anganbari Sevika in null and void and has without jurisdiction."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including

Patna High Court CWJC No.5566 of 2024(2) dt.18-04-2024 3/3 that of filing a civil suit before the learned civil court of competent jurisdiction. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U