Kanak Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10799 of 2020 ====================================================== Kanak Devi Wife of Shri Praveen Kumar Thakur, Resident of VillageGangauli, P.S.-Simari, District-Buxar. ... ... Petitioner/s

Versus

1.

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

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

3.

The District Magistrate, Buxar 4.

The District Proframme Officer, Buxar.

5.

The Child Development Project Officer, Simari Block, District-Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Mishra For the Respondent/s :

Mr. Prashant Pratap, GP 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 12-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"That this is an application for issuance of appropriate writ(s), order(s), direction(s) for quashing the order dated 02.07.2020 passed in case no. 126 of 2019 and issued vide memo no. 631 dated 03.07.2020(Annexure-6) by the District Programme Officer, Buxar where by and where under the selection of petitioner has been cancelled and for reinstatement of the petitioner on her post of Aanganbari Sevika with all consequential benefits.

And pending disposal of the writ application stay the operation of the order dated 02.07.2020 issued vide memo no. 631 dt. 03.07.2020 by the District Programme Officer, Buxar.

And/or

Patna High Court CWJC No.10799 of 2020 dt.12-01-2022 2/2 Pass such other order, orders which may deem fit and proper"

3. Petitioner has rushed to this Court without exhausting statutory remedy of appeal against the order dated 02.07.2020 by which District Programme Officer, Buxar cancelled petitioner's selection and appointment. Accordingly, petitioner is hereby directed to prefer an appeal before the Appellate Authority within a period of eight weeks from the date of receipt of this order.

4. The Appellate Authority is hereby directed to examine the petitioner's appeal and decide within a period of two months from the date of receipt of petitioner's appeal after giving ample opportunity of hearing to such of those persons whose rights are likely to be affected.

5. With the above observation, writ petition stands disposed off.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 19.01.2022 Transmission Date