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Patna High CourtCWJC/7624/2020disposed

Anamika v. The State Of Bihar

2021-01-21Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7624 of 2020 ====================================================== Anamika D/o Birendra Kumar, resident of Village - Pirhinda, P.S.- Sinkandara, Dist.- Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

The Director, ICDS, Bihar, Patna.

4.

The Divisional Commissioner, Monger.

5.

The District Magistrate, Jamui.

6.

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

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

For the Petitioner/s :

Mr. Ansul For the Respondent/s :

Mr. Manishdari Singh, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-01-2021 Heard learned Counsel for the parties concerned. The present writ application has been filed challenging the order issued vide Memo No. 339, dated 22.02.2020, whereby the petitioner has been terminated from the post of Aanganbari Supervisor.

Learned Counsel for the petitioner submits that the impugned order has been passed without taking into consideration the show cause filed by the petitioner and the same is not supported by reasons. He next submits that however, the petitioner has preferred an appeal before the Divisional Commissioner, Munger, bearing No. 09 of 2020, on 18.03.2020.

Patna High Court CWJC No.7624 of 2020(4) dt.21-01-2021 2/2 On the other hand, learned Counsel for the State submits that the impugned order is appealable and the petitioner has already filed the appeal before the appellate authority. Having heard learned Counsel for the parties and taking into consideration the fact that there is statutory alternative remedy of appeal, which the petitioner has already availed, I am not inclined to interfere with the order impugned. Accordingly, this writ application is disposed of directing the petitioner to pursue the appeal pending before the Divisional Commissioner, Munger and the Divisional Commissioner, Munger, is further directed to take steps for disposal of the appeal as early as possible, preferably within a period of five months from today.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √