Patna High CourtCWJC/17584/2014disposed

Babita Devi v. The State Of Bihar And ORS

2016-03-17Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17584 of 2014 =========================================================== Babita Devi, W/o Rakesh Ranjan Kumar, resident of Village- Bhawanipur Jirat (Back of Rahman Nursing) Police Station- Chhatauni (Town), District- East Champaran.

.... .... Petitioner

Versus

1. The State of Bihar through the Secretary Department of Social Welfare, Govt. of Bihar, Patna

2. Director, I.C.D.S., Govt. of Bihar, Patna

3. District Programme Officer, Motihari, East Champaran

4. Child Development Project Officer, Harsidhi, East Champaran .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate For the Respondent/s : Mr. GA12-AJAY =========================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL JUDGMENT Date: 17-03-2016 Heard learned counsel for the petitioner and the State.

2. The petitioner seeks quashing of the order, dated 25.08.2014 passed by the District Programme Officer, East Champaran, whereby her engagement on the post of Anganbari Sevika of Centre no. 35 of Motihari Sadar Pariyojana in the district of East Champaran has been cancelled.

3. The petitioner submits that the allegations are vague. In support of his submission, learned counsel has relied upon Clause-III of the Guidelines, dated 20.06.2012.

4. Learned counsel for the State submits that the order is appellable and the petitioner can challenge her disengagement

Patna High Court CWJC No.17584 of 2014 dt.17-03-2016 2 / 2 before the appellate authority.

5. Having regard to the fact that there is an alternative remedy of appeal, the writ application is disposed of with liberty to the petitioner to file an appeal before the appellate authority along with a petition for condonation of delay, which would be duly considered, as the petitioner was pursuing her remedy before this Court.

6. It is expected that the appeal filed by the petitioner would be disposed of within a period of three months from the date of receipt of a copy of this order.

7. With the aforesaid observation, this application stands disposed of.

(Samarendra Pratap Singh, J.) Uday/- U