Sushma Kumari @ Sushma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8126 of 2021 ====================================================== Sushma Kumari @ Sushma Devi Wife of Rakesh Kumar Gutpa resident of village- Jai Ramaur, P.o.- Teus, P.s.- Barbigha, District- Sheikhpura ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Secretary, Social Welfare Department, government of Bihar, Patna 3.

The District Magistrate, Sheikhpura 4.

The District Programme Officer, Sheikhpura 5.

The Secretary, Gram Panchayaat Teus, P.s.- Barbigha, District- Sheikhpura 6.

The Mukhiya Gram Panchayat, Teus, P.s.- Barbigha, District- Sheikhpura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar For the Respondent/s :

Mr. Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 14-02-2022 The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

Learned counsel for the State accepts notice for the respondents.

Learned counsel for the petitioner is hereby directed to serve copy of the petition to learned counsel for the respondents, if it is not already served.

In the instant petition, petitioner has prayed for the following relief/reliefs:

(i) For issuance of an appropriate writ

Patna High Court CWJC No.8126 of 2021 dt.14-02-2022 2/3 in the nature of certiorari for quashing the order dated 19.02.2021 passed in Case No. 01 of 2021 by respondent D.P.O. whereby and whereunder respondent District Programee Officer has been pleased to terminate the petitioner from the post of Anganwari Sevika without applying any judicial mind.

(ii) Further for issuance of an appropriate writ in the nature of mandamus commanding and directing the respondent authorities to reinstate the petitioner Anganwari Sevika in Anganwari Centre No. 07, Ward No.

14, Jairampur under Teus Panchayat in Barbigha Block, DistrictSheikhpura and further to pay the current as well as arrears of remuneration including entire consequential benefits.

Against the order of termination, petitioner has

Patna High Court CWJC No.8126 of 2021 dt.14-02-2022 3/3 remedy of appeal before the appellate authority, therefore, she is hereby directed to invoke remedy of appeal within a period of eight weeks from the date of receipt of this order. If such appeal is filed, the appellate authority is hereby directed to consider the petitioner's appeal within a period of two months from the date of receipt of the appeal.

With the above observation, writ petition stands disposed of.

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