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Patna High CourtCWJC/10416/2014disposed

Smt. Namita v. The State Of Bihar And ORS

2019-04-08Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10416 of 2014 =========================================================== Smt. Namita, wife of Lal Narayan Sharma, resident of Dewan Mohalla- Dulli Ghat Sismahal, P.S.- Khajekalan, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar through Collector, Patna

2. The Deputy Director, I.C.D.S., Bihar, Patna

3. The Anumandal Padadhikari, Patna City

4. The C.D.P.O., Patna Sadar

5. The District Programme Officer, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Neeraj Kumar, Advocate For the State : Mr. Amresh Kumar Sinha, AC to GA 1 For the Respondent No. 6: Mr. Hans Raj, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 14-08-2018 Heard learned counsel for the petitioner, the respondent State as well as private respondent.

2. Counsel for the petitioner submits that on account of presence of few children at the centre on 18.04.2013 during inspection by the CDPO, petitioner's selection as Anganbari Sevika has been cancelled. He submits that cancellation of her selection is grossly disproportionate to the allegation.

3. Counsel for the respondent State has submitted that on perusal of the show cause it would be apparent that other than allegation of presence of few children, some more allegation has also

Patna High Court CWJC No.10416 of 2014 dt.14-08-2018 2/2 been levelled against the petitioner.

4. The record revels that though petitioner in her response dated 30.11.2013 has admitted the allegation but she tried to explain the same on account of illness. No such explanation or any leave application has been given by the petitioner since 18.04.2018 till filing of her response dated 30.11.2013. For the first time in her response to the show cause, she has raised plea of her being ill on the fateful day. Such plea of the petitioner prima facie lacks bonafide in the facts and circumstances of the case is not acceptable.

5. This Court therefore finds no reason to interfere with the order of the authorities.

6. Writ petition is dismissed.

(Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date