Uma Shankar Shaw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8269 of 2019 ====================================================== Uma Shankar Shaw S/o Late Laljee Shaw resident of VillageBhalucharghara, P.S.- Jhajha, District- Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

Principal Secretary Department of Social Welfare, Govt. of Bihar, Patna. 3.

Director I.C.D.S. Bihar, Patna.

4.

Collector, Jamui.

5.

District Programme Officer, I.C.D.S. Jamui.

6.

C.D.P.O. Chakai Block district- Jamui.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Shruti Sinha, Advocate For the Respondent/s :

Smt. Kumari Amrita (GP3) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-09-2024 Heard Learned Counsel for the Petitioner and Learned Counsel for the State.

2. The present Writ Petition has been filed for quashing Memo No.476/Programme dated 21.06.2018 issued by the Collector, Jamui to the extent that the services of the petitioner have not been extended and it was directed to terminate the services of the petitioner.

3. Learned Counsel for the State raised a preliminary objection and submitted that the petitioner was a contractual employee and against the order passed by the District Magistrate, Jamui, he has the remedy to challenge the said order before the Divisional Commissioner concerned.

Patna High Court CWJC No.8269 of 2019(4) dt.23-09-2024 2/2

4. Learned Counsel for the petitioner submits he has not challenged the order passed by the District Magistrate, Jamui before the Commissioner concerned. Hence, liberty may be granted to the petitioner to challenge the same before the Divisional Commissioner, Munger.

5. In this view of the matter, this writ petition is disposed off directing the petitioner to avail his remedy of appeal before the Divisional Commissioner, Munger Division by challenging the order contained in Memo No. 476/Programme dated 21.06.2018 issued by the Collector, Jamui, as contained in Annexure -12 to the Writ Petition within 30 days from today. The delay, if any, in filing the appeal shall be condoned. The Divisional Commissioner, Munger Division is directed to pass a reasoned and speaking order on the appeal of the petitioner upon its filing within a period of 90 days. The aforesaid 90 days shall be counted from the date of completion of the appearance of all the concerned parties.

6. With the aforesaid observation and direction, the Writ Petition stands disposed off.

(Dr. Anshuman, J) Ashwini/- U