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Patna High CourtCWJC/12419/2023dismissed

Sangita Kumari v. The State Of Bihar

2024-01-22Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12419 of 2023 ====================================================== Sangita Kumari Wife of Manoj Kumar Pandit, Resident of Village- Kushwaha Colony, Ward no. 2, P.S.- Tarapur, District - Munger. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Social Welfare Department, Government of Bihar, Patna.

3.

The Director Integrated Child Development Services (ICDS), Government of Bihar, Patna.

4.

The Commissioner, Munger Division, Munger.

5.

The District Magistrate, Munger.

6.

The District Programme Officer (ICDS), Munger. 7.

The Child Development Programme Officer, Tarapur, Munger. 8.

Rimjhim Kumari, Wife of Sanjay Kumar Sah, Resident of village - Rajguroo, ward no. 02, P.S. - Tarapur, District - Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Atul Kumar, Adv.

Mr.Narendra Kumar, Adv.

For the Respondent/s :

Mr.Md. Raisul Haque ( Sc- 10 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) For issuance of a writ in the nature of Certiorari for quashing of the order dated 10.02.2023 in Seva appeal No. 09/2018-19 passed by the District Magistrate, Munger (Respondent No. 5) whereby the order dated 28.11.2018 in Case No. 77/2018-19 passed by District Programme Officer has been quashed and directing the District Programme Officer,

Patna High Court CWJC No.12419 of 2023(2) dt.22-01-2024 2/3 Munger to appoint the respondent no. 8 Rimjhim Kumari on the post of Sevika in Anganwari Center No. 52, Gram Panchayat Tarapur, District- Munger without examine the fact and is bad in law as well as wrong on facts.

(ii) For issuance of a writ or order or direction restraining the respondent from executing the said order dated 10.02.2023 in Seva Appeal No. 09/2018-19 passed by the District Magistrate, Munger against the petitioner.

(iii) For issuance of a writ or order or direction to the respondent authorities to appoint the petitioner on the post of Anganwari Sevika for Kendra No. 52, in ward no. 2, Gram panchayat Tarapur, District- Munger in place of respondent no. 8, Rimjhim Kumari as per Megha Suchi.

(iv) For further holding and declaration that the order dated 10.02.2023 in Seva Appeal No. 09/2018-19 passed by the District Magistrate is in deed of Principles of Natural Justice, fairness reasonableness and also transparency and therefore invalid and unsustainable in the eye of law."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for redressal of her aforesaid grievances. Liberty so sought is granted.

Patna High Court CWJC No.12419 of 2023(2) dt.22-01-2024 3/3

3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) sonal/- U