Anita Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14255 of 2014 =========================================================== Anita Devi wife of Ajay Kumar resident of village Achuara, Police Station Athamalgola, District Patna .... .... Petitioner

Versus

1. The State of Bihar

2. The Commissioner-cum-Secretary, Welfare Department, Government of Bihar, Patna.

3. The Director, I.C.D.S., Indira Bhawan near Pant Bhawan, Bihar, Patna.

4. The Collector, Patna.

5. The District Programme Officer, District Programme Branch, ICDS, Collectorate, Patna.

6. The Child Development Project Officer, Barh, Patna .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Santosh Kumar Sinha -2, Advocate Mr. Vijay Kr.Verma, Advocate For the Respondents : Mr. AC to SC 24 =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 08-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that the petitioner's selection as Anganbari Sahaika was cancelled by the District Programme Officer in case No. 351 of 2013 by order dated 14.3.2014 (Annexure 2). He submits that the order is bad on two counts. One that it is at the dictates of the higher authorities who have made a clear recommendation to remove the petitioner. In support of the aforesaid contention, he relies on Annexure 2.

3. Order of the higher authority is not available on record of this case to arrive at a conclusion either whether there

Patna High Court CWJC No.14255 of 2014 dt.08-08-2018 2/3 was specific direction to the District Programme Officer to remove the petitioner or not. Other issue raised by the petitioner is that even if the allegation of absence for one day from the Center during inspection on 22.5.2013 is taken to be true, it does not give rise to a situation warranting cancellation of selection of the Anganbari Sevika/Sahaika. Reliance has been placed on a decision of this Court dated 20.9.2016, rendered in C.W.J.C.No. 308 of 2015 (Sabita Kumari Vs. The State of Bihar and others) wherein this Court has already held that mere absence from the Center for one day does not give rise to a situation warranting cancellation of selection of Anganbari Sevika/Sahaika and as such the punishment has been held to be grossly disproportionate to the allegation.

4. Learned counsel for the State has not opposed the aforesaid submission of the petitioner. However, he submits that the petitioner has not availed the remedy of appeal before the Deputy Director, Welfare.

5. Considering the facts and circumstances of the case, as also the pronouncement of this Court in case of Sabita Kumari (Supra) the petitioner is permitted to approach the Appellate authority by filing an appeal. If such appeal is filed

Patna High Court CWJC No.14255 of 2014 dt.08-08-2018 3/3 within a period of four weeks, the Appellate authority would be obliged to dispose of the same in accordance with law as noticed hereinabove by a reasoned and speaking order within a period of eight weeks from the date of receipt/production of a copy of this order.

(Madhuresh Prasad, J) Shashi.

AFR/NAFR NAFR CAV DATE NA Uploading Date14.8.2018 Transmission Date NA