Kumari Sarita Mehta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 7385 of 2011 ====================================================== Kumari Sarita Mehta W/O Baneshwar Mehta R/O Vill. Garibnagar, P.O. Kawadpur, P.S.- Surajgarha, Distt. Lakhisarai .... .... Petitioner

Versus

1. The State of Bihar Though its Secretary Human Resources Development Department Govt. of Bihar Patna.

2. The District Magistrate Lakhisarai

3. The Distt. Education Officer, Lakhisarai

4. The District Superintendent of Education Lakhisarai

5. The Block Development Officer Suraj Garha Block, Distt- Lakhisarai

6. Child Development Project Officer, Surajgarha Block, Distt- Lakhisarai

7. Nutan Kumari W/O Manoj Kumar R/O Vill.-Garibnagar, P.O.- Kawadpur, P.S. Surajgarha, Distt. Lakhisarai

8. The Central Board of Higher Education Vachaspati Bhawan Arya Samaj Road, Uttam Nagar, New Delhi-110059 .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjit Kumar Mr. Sanjeev Kumar Jha For the Respondent/s : AC to Sc25 Mr. Rabi Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 18-02-2016 Heard Sri Ranjit Kumar, learned counsel, who was assisted by Sri Sanjeev Kumar Jha, learned counsel for the petitioner, learned A.C. to Standing Counsel - 25 as well as Sri Rabi Bhushan, learned counsel who has appeared on behalf of respondent no. 7.

The petitioner in the present writ petition had prayed for issuance of a direction to respondents to cancel appointment of respondent no. 7, as Anganwari Sevika in respect of Anganwari

Patna High Court CWJC No.7385 of 2011 (7) dt.18-02-2016 2/3 Central No. 115 in Ward No. 8 under East Salempur Panchayat, Lakhisarai. However, it was submitted by learned counsel for the petitioner that during the pendency of the writ petition, he had filed a complaint in the Janta Darbar before the Hon'ble Chief Minister and thereafter, a direction was given to conduct an enquiry, which was conducted by the Child Development Project Officer (C.D.P.O.), Surajgarha, Lakhisarai and report has been submitted by the C.D.P.O. to the District Programme Officer, Lakhisarai. He submits that since subsequently enquiry has already been entrusted, the writ petition may be disposed of with an observation that decision on the enquiry, in view of Annexure - 8 to the supplementary affidavit, may be taken at the earliest.

In view of stand taken by learned counsel for the petitioner, instead of going into the merit of the case, the Court proposes to dispose of the writ petition with an observation that the respondent may take final decision, in view of enquiry initiated pursuant to intervention of Hon'ble the Chief Minister. The respondent may take final decision in the matter preferably within a period of three months from the date of receipt/production of a copy of this order.

The writ petition stands disposed of.

Patna High Court CWJC No.7385 of 2011 (7) dt.18-02-2016 3/3 It goes without saying that any enquiry is to be conducted after hearing the concerned parties. (Rakesh Kumar, J.) Anay U