Sumanti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17843 of 2021 ====================================================== Sumanti Kumari Wife of Surendra Kumar Singh Resident of VillageManjihiawan, P.S.- Obra, District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Social Welfare Department, Bihar.

2.

The Divisional Commissioner, Gaya 3.

The District Magistrate, Gaya 4.

The Deputy Development Commissioner, Aurangabad. 5.

The Child Development Project Officer, Navinagar 6.

The District Programme Officer, Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhav Raj, Adv.

For the Respondent/s :

Mr.S K Mandal, SC-3 Mr.Arjun Mandal, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-02-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.A. A writ in the nature of Certiorari or any other appropriate writ/s, order/s, direction/s quashing the following:

ii. The order dated 08.03.2021 passed by the Divisional Commissioner, Gaya by which the appeal of the petitioner challenging the order of the District Magistrate against the removal of the petitioner from the post of Lady Supervisor was dismissed.

ii. The order dated 04.06.2020, passed by District Magistrate, Aurangabad by which the Respondent finding her duty not in consonance with the departmental guidelines dismissed the petitioner

Patna High Court CWJC No.17843 of 2021(2) dt.21-02-2024 2/2 from the post of Lady Supervisor, Child Development Project Officer, under Clause-XIV of the Departmental Letter No.1846 dated 10.06.2020. B. A writ in the nature of Mandamus or any other appropriate writ/s, order/s commanding the respondents for following:

i. To treat the order contained in Annexure to be nullity and nonest in the eye of law.

ii. To restrain the Respondent from giving effect to the order as contained in Annexure.

iii. To direct the respondents to reinstate the appointment of petitioner to the post of Lady Supervisor."

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, including that of filing a suit before the learned Civil Court having competent jurisdiction for redressal of her aforesaid grievances. Liberty so sought is granted.

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