Indu Sriwastav @ Indu Kumari Sriwastav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10654 of 2025 ====================================================== Indu Sriwastav @ Indu Kumari Sriwastav W/o Late Suman Kumar Sinha, R/o village- Marnpur Nawada, P.O. - Barauli, P.S. - Barauli, Anchal- Block - Barauli, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Gopalganj cum Chairman District Health Society, Gopalganj.

3.

The Civil Surgeon Cum Member Secretary, District Health Society, Gopalganj.

4.

The In Charge Medical Officer, Primary Health Centre, Barauli, Gopalganj. 5.

The Executive Officer State Health Society Sheikhpura, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raju Prasad, Advocate For the Respondent/s :

Mr. Government Pleader (12) For Respondent No.5 :

Mr. K.K. Sinha, Advocate Mr. S. Shekhar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 14-07-2025 Heard learned Counsel for the petitioner and learned Counsel for the State.

2. The present writ petition has been filed for setting aside the order dated 11.12.2024 issued under the signature of respondent No.4, whereby and whereunder the petitioner has been terminated from service on the basis of being found to be overage and that too without waiting for the enquiry report, which was to be held on 11.02.2025, and further it is prayed that

Patna High Court CWJC No.10654 of 2025 dt.14-07-2025 2/3 petitioner may kindly be reinstated forthwith with full back wages.

3. Learned Counsel for the petitioner submits that petitioner was appointed as Asha Worker, but without completion of 60 years she has been removed from service all of a sudden without giving any opportunity of being heard. Counsel submits that against her removal she has filed representation before the District Magistrate, Gopalganj-cumChairman, District Health Society, Gopalganj.

4. Petitioner has attached at page-16 her transfer certificate in which she has shown her date of birth as 12.07.1976.

5. Representation of the petitioner is already pending before respondent No.2, the District Magistrate, Gopalganjcum-Chairman, District Health Society, Gopalganj.

6. It is directed to the petitioner to move before respondent No.2, the District Magistrate, Gopalganj-cumChairman, District Health Society, Gopalganj, along with a copy of this order within 30 days from today and respondent No.2, the District Magistrate, Gopalganj-cum-Chairman, District Health Society, Gopalganj, after hearing both petitioner and the Civil Surgeon-cum-Member Secretary, District Health

Patna High Court CWJC No.10654 of 2025 dt.14-07-2025 3/3 Society, Gopalganj, shall pass a reasoned and speaking order on the representation of the petitioner within 90 days thereafter.

7. With the aforesaid direction, this writ petition stands disposed off.

(Dr. Anshuman, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.07.2025 Transmission Date