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Patna High CourtL.P.A/1511/2017dismissed

Urmila Devi v. The State Of Bihar And ORS

2019-09-05Mr. Justice Rakesh Kumar,Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1511 of 2017 In Civil Writ Jurisdiction Case No.3793 of 2014 ====================================================== Urmila Devi, Wife of Indu Bhushan Ram, Resident of Village - Bakhri, Police Station - Kuchaikot, District - Gopalganj.

... ... Appellant

Versus

1.

The State of Bihar through its Principal Secretary, Social Welfare Department, Government of Bihar, Patna 2.

The Director, I.C.D.S. Directorate, Social Welfare Department, Government of Bihar, Patna.

3.

The Deputy Director, Welfare, Saran Division, Chapra. 4.

The District Magistrate, Gopalganj.

5.

The District Programme Officer, Gopalganj.

6.

The Child Development Project Officer, Kuchaikot, District - Gopalganj. ... ... Respondents ====================================================== Appearance :

For the Appellant/s :

Mr.Surendra Kishore Thakur, Adv.

For the Respondent/s :

Mr.None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAKESH KUMAR) 05-09-2019 Heard Sri Surendra Kishore Thakur, learned counsel for the appellant. None appeared on behalf of the State. The appellant has approached this Court, by way of filing Letters Patent Appeal, against an order passed by the single Judge of this Court on 19.07.2017 in C.W.J.C.No.3793 of 2014.

Learned counsel for the petitioner tried to persuade the Court that learned Single Judge has not considered

Patna High Court L.P.A No.1511 of 2017(4) dt.05-09-2019 2/3 appropriately that there was no interpolation in the inspection register.

However, fact remains that as per order of single Judge, inspection was made by the C.D.P.O. in the Anganwari Centre no.227 on 14.07.2012 and in the Centre, only five children were found present. Despite the fact that the petitioner/appellant was asked to produce register, nothing was produced. In the register, there was presence of about 15 children, which was considered as interpolation. However, selection of the petitioner on the post of Anganwari Sevika was initially cancelled by the order of the District Programme Officer, Gopalganj on 14.11.2012 and finally, against the said order, an appeal was preferred by the appellant vide Anganwari Appeal no.17 of 2013, which too was dismissed by the Dy. Director, Welfare, Saran Division, Chapra vide its order dated 30.12.2013 and the order dated 14.11.

2012 of the District Programme Officer was affirmed and the aforesaid orders have also been confirmed by the Single Bench of this Court. The submission, which has been advanced by learned counsel for the appellant regarding the claim that the appellant has not made any interpolation, cannot be examined by this Court, while hearing the Letter Patent Appeal.

Patna High Court L.P.A No.1511 of 2017(4) dt.05-09-2019 3/3 Accordingly, we do not find any error in the order of the Single Judge and, as such, the appeal stands dismissed. (Rakesh Kumar, J.) ( Anjani Kumar Sharan, J.) nawalkrs/- U