Patna High CourtCWJC/2521/2016disposed

Leela Kumari v. The State Of Bihar And ORS

2016-04-21Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2521 of 2016 ====================================================== Leela Kumari Wife of Arjun Kumar Block Education Officer, Masaurhi, Post office and Police Station - Masaurhi, District - Patna ... Petitioner

Versus

1. The State of Bihar

2. The Director, Primary Education, Secretariat Buildings, Patna 800001

3. The District Magistrate, Patna

4. The District Education officer, Patna

5. The Sub Divisional officer, Masaurhi, Distt. Patna .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Najmul Hoda, Advocate For the Respondents : Mr. JC to AG, Bihar ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 21-04-2016 The petitioner is aggrieved by order dated 15.12.2015(Annexure 1), by which she has been suspended by the Director of Primary Education in contemplation of the departmental proceeding on charge of defalcation of Government money concerning Midday Meal scheme as well as having remained absent from duty.

The petitioner submits that she is a Block Education Officer posted at Masaurhi, Patna. She submits that Block Education Officer has no concern with the midday meal scheme. She states that the allegations are based on no concrete grounds and she is going to retire shortly.

Counsel for the State submits that the petitioner has the remedy of appeal under the Bihar CCA Rules, 2005.

Patna High Court CWJC No.2521 of 2016 (2) dt.21-04-2016 2/2 Having heard the parties, the writ petition is disposed of with liberty to the petitioner to take resort to the remedy of appeal. In case, such appeal is filed, the appellate authority would dispose of the same within two months from the date of filing of the same. Petition for condoning the delay in filing appeal would be considered sympathetically as the petitioner was pursuing the remedy before this Court.

(Samarendra Pratap Singh, J) Shashi.