Patna High CourtCWJC/14651/2010disposed

Vidyawati Sinha v. The State Of Bihar And ORS

2017-05-04Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14651 of 2010 ====================================================== Vidyawati Sinha W/O Sri Dilip Singh R/O Chhatra Sangh Lane, Mithapur B Area, P.S. Jakkanpur, Distt.- Patna, presently posted as a Child Development Project Officer at Agiyaon (Bhojpur), Ara. .... .... Petitioner

Versus

1. The State of Bihar

2. The Secretary Department of Social Welfare, Government of Bihar, Patna

3. The Director, Integrated Child Development Scheme, Director of I.C.D.S., under Department of Social Welfare, Government of Bihar, Patna

4. The Commissioner, Magadh Division, Gaya

5. The District Magistrate, Aurangabad

6. Additional Collector, Aurangabad

7. Deputy Secretary, Social Welfare Department, Government of Bihar, Patna

8. Deputy Development Commissioner, Aurangabad

9. The District Programme Officer, Aurangabad .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. S.K.Bhartee For the Respondent/s : AC to GA - 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

04-05-2017 At the very outset, learned A.C. to Govt. Advocate - 12 has raised preliminary objection on the point of maintainability of the writ petition. He submits that the order, which has been assailed in the present writ petition, is appealable under the provisions of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 and without exhausting statutory remedy, the petitioner has directly approached this Court. After noticing the preliminary objection, learned counsel for the petitioner requests for disposal of the present writ

Patna High Court CWJC No.14651 of 2010 (2) dt.04-05-2017 2/2 petition so that petitioner may avail statutory remedy. The prayer is allowed.

The writ petition stands disposed of with liberty to the petitioner to avail remedy of appeal.

It goes without saying that if appeal is filed within a period of six weeks from today, the appellate authority may consider and decide the appeal preferably within a period of one month from the date of filing of appeal. In case of rejection, the Court expects that the appellate authority may assign reason succinctly.

(Rakesh Kumar, J.) Anay U