Patna High CourtCWJC/8283/2012disposed

Bindu Devi v. The State Of Bihar And ORS

2017-08-01Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8283 of 2012 =========================================================== Bindu Devi, wife of Amarnath Mishra, resident of Village - Karnpur, P.S.- Supaul, District - Supaul .... .... Petitioner

Versus

1. The State of Bihar

2. The Principle Secretary, Social Welfare Department, Govt. of Bihar, Patna

3. The Director, Social Welfare Department Govt. Bihar, Patna

4. The Commissioner, Kosi Division, Saharsa, District - Saharsa

5. The District Magistrate, Supaul, District - Supaul

6. The District Programme Officer Supaul, District - Supaul

7. The Child Development Project Officer, Supaul, District- Supaul

8. The Mukhia of Gram Panchayat Karpur, Supaul, District - Supaul .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sharda Nand Mishra, Advocate. For the Respondents : Mr. Devendra Kr Sinha, AAG-2 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 01-08-2017 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for quashing the order dated 11.11.2011 passed in Service Appeal No. 139/2011, by which order upheld the order of District Magistrate dated 13.09.2011 passed in Misc. Appeal No. 10 of 2011 by which upheld the order by memo no. 626 dated 25.06.2011 passed by the District Programme Officer, Supaul, by which selection of the petitioner has been terminated.

3. At the very outset, learned counsel for the petitioner

Patna High Court CWJC No.8283 of 2012 dt.01-08-2017 2/2 accepts that there is alternate remedy by way of second appeal before the Director, I.C.D.S. against the impugned order of the District Magistrate, as contemplated in letter no. 1001 dated 20.03.2012 issued by the Social Welfare Department, Government of Bihar, Patna (Annexure-1).

4. In the aforesaid circumstances, this Court is not inclined to enter into the merits of the matter. The writ petition stands disposed with liberty to the petitioner to approach the Director, I.C.D.S. with a second appeal, if so advised.

(Vikash Jain, J) Md. Ibrarul/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 03.08.2017 Transmission Date N.A.