Kumari Sandhya Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5951 of 2015 ====================================================== Kumari Sandhya Yadav Wife of Manoj Yadav, Resident of village- Rapura, P.S.- Katya, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Director, Social Welfwre Integrated Child Development Programme, Bihar, Patna.

3.

The Commissioner, Saran Division, Chapra.

4.

The District Magistrate, Gopalganj.

5.

The District Programme Officer, Gopalganj.

6.

The District Welfare Officer, Gopalganj.

7.

The Sub Divisional Officer, Hathwa, Gopalganj. 8.

The Sub Divisional Officer, Gopalganj.

9.

The Child Development Project Officer, Katya, Gopalganj. 10.

The Mukhiya, Gram Panchayat Raj, Patkhauli, P.S.- Katya, DistrictGopalganj. 11.

The Panchayat Secretary, Gram Panchayat Raj, Patkhauli, P.S.- Katya, District- Gopalganj.

12.

Bindu Mishra Wife of Late Jitendra Mishra Resident of village- Rapura, P.S.- Katya, District- Gopalganj.

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Respondent/s :

Mr. Prashant Kumar, A.C. to SC-5.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 12-03-2019 Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The counsel for the petitioner submits that petitioner has been removed from the post of Anganwari Sevika on the basis of

Patna High Court CWJC No.5951 of 2015 dt.12-03-2019 2/2 order passed in C.W.J.C. No.11315 of 2007 as also the contempt proceeding arising therefrom in M.J.C. No.4075 of 2010. It is a submission that the orders were obtained by the petitioner in the said proceeding pre-judicial of the interest to the petitioner by suppressing the fact that the petitioner had already appointed as Anganbari Sevika at centre no.34 in question. Since this fact was not brought before the Court, the relief in such a situation was granted to the petitioner in the proceeding. Under the said orders, the respondent No.12 has been reinstated as Anganwari Sevika to the center no.34 in question. It is submitted that since the petitioner's removal is in compliance of the order passed by the Writ Court as well as in the contempt proceedings, the petitioner would be availing remedy against the order passed in C.W.J.C. No.11315 of 2007 on 18.02.2010 in an appropriate proceeding.

In view of the said submission, no further order needs be passed in the instant proceedings. Accordingly, this writ petition is dismissed, with liberty as prayed for.

(Madhuresh Prasad, J) sanjeev/- AFR/NAFR NAFR CAV DATE 13.03.2019 Uploading Date NA Transmission Date NA