Sampati Pandey v. The State Of Bihar And ORS

Patna High Court CWJC No.14980 of 2014 (5) dt.09-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14980 of 2014 ======================================================

1. Sampati Pandey wife of Shree Nagendra Pandey, Anganbari Sevika, at Centre No. 92, at Village Belwan Mushar Toli, Post Office Musehri, Police Station Vijayepur, District Gopalganj .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Director, Integrated Child Development Scheme, Bihar, Patna

3. The Deputy Director, Welfare, Saran Division at Chhapra

4. The District Magistrate, Gopalganj

5. The District Programme Officer, Gopalganj

6. The Child Development Project Officer, Vijayepur within the District of Gopalganj

7. The lady Supervisor, Vijayepur, District Gopalganj .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Nand Shukla For the Respondent/s : Mr. R.R. K Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 09-02-2016 The petitioner seeks quashing of the order dated 3.5.2014 issued under the signature of respondent No.5, the District Programme Officer, Gopalganj, by which his selection to the post of Anganbari Sevika has been cancelled with a direction to handover charge to another Sevika. The petitioner further seeks quashing of the appellate order dated 4.8.2014 passed by respondent No.3, the Deputy Director, Welfare, Saran Division at Chapra passed in Appeal No.32 of 2014 affirming the order of termination.

The relief of the petitioner is founded on the premises that

Patna High Court CWJC No.14980 of 2014 (5) dt.09-02-2016 the same was passed without proper consideration of her show cause and without holding any proper enquiry. The petitioner submits that her case is fully covered under the order dated 5.12.2012 passed in C.W.J.C. No.20148 of 2012. Having regard to the facts and circumstances of the case, the Appellate Authority would consider the case of the petitioner afresh in light of the order dated 5.12.2012 passed in C.W.J.C. No.20148 of 2012. It goes without saying that if the case of the petitioner is covered under the decision rendered in C.W.J.C. No.20148 of 2012, the Appellate Authority would set aside the order of termination passed by the District Programme Officer, Gopalganj. It is expected that the decision would be taken within two months from the date of receipt/production of a copy of this order.

With the aforesaid observations and directions, this writ application stands disposed of.

(Samarendra Pratap Singh, J) KHAN/- U