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Patna High CourtCWJC/5829/2022disposed

Seema Kumari v. The State Of Bihar

2023-11-29Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5829 of 2022 ====================================================== Seema Kumari W/o Mithilesh Kumar Ram R/o Village- Basti Jalal, Ward No.- 02, Post- Sitalpur, P.S.- Dighawara, District- Saran (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Social Welfare Department, Government of Bihar, Patna, Bihar. 2.

The Collector, Saran at Chhapra.

3.

District Program Officer cum First Appellate Authority, Saran, Chhapara. 4.

Child Development Program Officer, Dighawara, Saran. 5.

Women Supervisor, Panchayat- Basti Jalal, Block- Dighawara, DistrictSaran. 6.

Radhika Devi W/o Dilip Kumar Ram R/o Village- Basti Jalal, Ward No.- 02, Post- Sitalpur, P.S.- Dighawara, District- Saran (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar, Adv.

For the Respondent/s :

Mr.Sunil Kumar Mandal, SC-23 Mr. Bipin Kumar, AC to SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-11-2023 The present writ petition has been filed seeking the following reliefs:- "1(a). For directing the respondent authority to take appropriate action on the representation as contained in ANNEXURE- 6 against the order dated 12/02/2021 vide Memo no 328 (ANNEXTURE-3) passed by the District Program Officer cum First appellate Authority (Respondent no 3) in Anganwari Case no 46/2020 wherein the appeal filed by the present appellant has been rejected.

Patna High Court CWJC No.5829 of 2022(2) dt.29-11-2023 2/3 (b). To quash the order dated 12/02/2021 vide Memo no 328 passed by the District Program Officer cum First appellate Authority (Respondent no. 3) in Anganwari Case no. 46/2020."

2.

Though it is submitted by the learned counsel for the petitioner that the petitioner has filed an appeal on 31.1.2022, challenging the order dated 12.2.2021, passed by the District Programme Officer, Saran at Chapra, in Anganwari Case No. 46 of 2020, but the same has not yet been decided, hence it is prayed that the Appellate authority be directed to dispose off the same expeditiously.

3.

The learned counsel for the Respondent-State submits that as per Clause 12 of the Anganwari Supervisor / Sevika / Sahayika Selection Guidelines, 2019, appeal is required to be filed by way of a revision petition before the concerned Divisional Commissioner, hence, the petitioner may file appropriate revision petition before the revisional authority. 4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to file appropriate revision petition before the Divisional Commissioner, Saran Division at Chapra and in case, such a revision petition is filed within a period four weeks from today,

Patna High Court CWJC No.5829 of 2022(2) dt.29-11-2023 3/3 the same shall be considered, in accordance with law and a reasoned and a speaking order shall be passed thereon, within a period of eight weeks, thereafter.

5.

The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U