Kajal Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15749 of 2019 ====================================================== Kajal Kumari, W/o Bipin Kumar alias Vipin Kumar Resident of VillageGosaimath, Post-Deva Fatehpur, P.S.-Thana-Khijarsaray, Devan, Fatehpur, District-Gaya-824233 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Social Welfare Department, Government of Bihar, Patna 2.

The Director Integrated Child Development Scheme (ICDS), Directorate, Bihar 3.

The District Magistrate Gaya 4.

The District Program Officer Gaya 5.

The Child Development Project Officer Khijarsarai, Gaya 6.

Pramila Kumari W/o Sri Laxman Chaudhari Resident of Village-Gosaimath, Post-Deva Fatehpur, P.S.-Thana-Khijarsaray, Devan, Fatehpur, DistrictGaya-824233 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Roona, Advocate Mr. Shrawan Kumar Saraf For the Respondent/s :

Smt. Kumari Amrita ( GP-3 ) Mr. Mithilesh Kumar Upadhyay, AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-08-2019 Heard the learned counsel for the petitioner and the State.

The petitioner is aggrieved by the order dated

Patna High Court CWJC No.15749 of 2019(2) dt.08-08-2019 2/3 21.06.2018 contained in Memo No. 819 passed by the District Magistrate, Gaya in Anganwari Case No. 283 of 2018.

There is a provision for appeal before the District Magistrate against the order of the District Programme Officer of the concerned district.

Petitioner would be well advised to prefer such appeal before the District Magistrate, Gaya.

Should such an appeal be filed within a period of four weeks, the District Magistrate, Gaya (Respondent No.

3) shall look into the matter, hear all the stake-holders and pass a reasoned order in accordance with law. If the District Magistrate is of the view that now under the new Guidelines of 2019, the matter be looked into by the Divisional Commissioner, who is the second appellate authority, it would be open for him to transmit the records of the appeal to the office of the Divisional Commissioner or ask the petitioner to prefer a fresh revision against the order of the District Programme Officer before the Divisional Commissioner. In the event of the matter being transmitted

Patna High Court CWJC No.15749 of 2019(2) dt.08-08-2019 3/3 to the concerned Divisional Commissioner, necessary order shall be passed by him in accordance with law, within a period of six weeks of the receipt of the records of the case. With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U