Patna High CourtCWJC/117/2009disposed

Sharmila Kumari v. The State Of Bihar And ORS

2016-10-24Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.117 of 2009 ====================================================== Sharmila Kumari wife of shri Laxmi Kant resident of village Chhoti Kabaiya Chowk P.S. and P.O. Lakhisarai, District Lakhisarai .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Divisional Commissioner, Munger

3. The D.M.cum-Collector, Lakhisarai

4. D.D.C. Lakhisarai

5. District Welfare Officer cum District Executive Officer, Lakhisarai

6. The Child Development Project Officer, Lakhisarai

7. Sub Divisional Officer, Lakhisarai

8. The Incharge Female Supervisor, Lakhisarai

9. Shri Arbind Kumar son of Hajari Sao Ward Commissioner Ward No.22/27 Lakhisarai

10. Sarita Devi wife of Kameshwar Yadav resident of village Chhoti Kabaiya, Chowk, P.S. and P.O. Lakhisarai, District Lakhisarai .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md.Sufiyan, Adv. Mr. Thakur Brajesh Singh, Adv.

For the Respondent/s : Mr. Pravin Kumar Gupta, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 24-10-2016 Heard Md. Sufiyan learned counsel for the petitioner and Mr. Shashi Bhushan Prasad Sinha, learned A.C. to G.A.6 for the State.

The petitioner is aggrieved by the order dated 24.10.2008 passed by the Divisional Commissioner in Civil Service Appeal No. 30 of 2008 whereby the appeal of the petitioner has been rejected and the order dated 16.6.2008 whereby the appointment of the petitioner was cancelled and directions were issued for fresh exercise, has been upheld.

Patna High Court CWJC No.117 of 2009 (4) dt.24-10-2016 2/2 Having heard learned counsel for the parties and considering that the termination took place on 16.6.2008 and by the order impugned, the Collector, Lakhisarai had directed that fresh appointment be carried out to the post of Anganbari Sevika within a period of 4 weeks, the issue raised has been rendered academic. Even otherwise, considering that the District Collector has found irregularities in the selection process to issue such direction which order having been considered by the Divisional Commissioner, it has been affirmed, the concurrent findings translated in the orders impugned requires no interference. The writ petition is disposed of.

(Jyoti Saran, J) Bibhash/- U