Ruby Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15842 of 2019 ====================================================== Ruby Kumari W/o Ajay Kumar Sah, Resident of Village- Sabaijor, P.O.- Agahara, P.S. Sono, District- Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Jamui.

3.

The District Programme Officer, Jamui.

4.

The Child Development Project Officer, Jamui. 5.

The Mukhiya, Gram Panchayat Raj Sarebad, District Jamui. 6.

Aarti Kumari, Wife of Umesh Kumar, Resident of Village- Sabaijor, P.S.- Sono, District Jamui.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Parasar For the Respondent/s :

Smt.Kumari Amrita (GP-3) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-08-2019 Mr. Satya Prakash Parasar, learned counsel for the petitioner seeks permission to withdraw this petition in order to challenge the order dated 29.03.2019 passed by the District Programme Officer, Jamui in Anganwari Case No. 01 of 2019 before the District Magistrate, Jamui, who is the second Appellate Authority under the Guidelines of 2016. Should such an appeal be filed before the District Magistrate, Jamui within a period of two weeks, the District Magistrate shall, after examining the facts and hearing the parties, and on further verification of facts, pass a reasoned

Patna High Court CWJC No.15842 of 2019(2) dt.14-08-2019 2/2 order in accordance with law, within a further period of six weeks thereafter.

Since the new Guidelines of 2019 have been promulgated, if the District Magistrate would be of the view that the matter be looked into by the Divisional Commissioner, who is now the second Appellate Authority against the order of District Programme Officer, he may either transmit the records of the appeal to the office of the Divisional Commissioner or direct the petitioner to prefer a revision before the concerned Divisional Commissioner. In any event, if the case is transmitted to the office of the Divisional Commissioner, he would be under an obligation to decide the case within a further period of six weeks of the receipt of the records.

This petition is dismissed as withdrawn with the aforesaid observation / direction.

(Ashutosh Kumar, J) skm/- U