Riya Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16764 of 2019 ====================================================== Riya Roy W/o Mithilesh Kumar, Resident of Village- Dohara, P.S.- Nardiganj, District- Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The District Magistrate, Nawada.

3.

The Director, I.C.D.S., Bihar, Patna.

4.

The District Programme Officer, Nawada.

5.

The Child Development Officer, Nardiganj, Nawada. 6.

The Block Development Officer, Nardiganj, Nawada. 7.

The Ward Member, Ward No.-5, Panchayat Dohara, Nawada. 8.

Priti Kumari, W/o Vinod Kumar, R/o Village- Dohara, P.S.- Nardiganj, District- Nawada.

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Respondent/s :

Mr. Md. Raisul Haque (SC-10) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-08-2019 The petitioner is aggrieved by the appointment of private respondent No. 8 on the post of Anganbari Sevika in Anganbari Centre No. 127 at Ward No. 5, under Dehara Gram Panchayat in the District of Nawada. It has been submitted on behalf of the petitioner that though in the merit list, the name of the petitioner figures at serial No. 3 while private respondent No. 8 is at serial No. 2, but she has been appointed on

Patna High Court CWJC No.16764 of 2019(2) dt.28-08-2019 2/3 the post of Anganbari Sevika, bypassing the rules meant for such appointments. The complaints made in that regard before the District Programme Officer and the District Magistrate, Nawada have gone unheeded till date.

Since the appointment process is of the year 2018, the first authority before whom such a complaint could be filed was the District Programme Officer of the concerned district. Now, with the new guidelines of 2019, the first authority before whom such a complaint could be filed is the concerned C.D.P.O.

The petitioner is therefore directed to make a suitable complaint in this regard before the concerned C.D.P.O. within a period of two weeks from today, who, on receipt of such complaint shall have the facts verified and pass an order in accordance with law within a period of thirty days of the receipt of such complaint which is the timeline provided under the new guidelines of 2019. If no order is passed by the concerned C.D.P.O. within

Patna High Court CWJC No.16764 of 2019(2) dt.28-08-2019 3/3 the timeline prescribed in the new guidelines, the records of the case of the petitioner shall stand automatically transferred to the office of the District Programme Officer, Nawada, who, in that event would be under an obligation to pass a reasoned order in accordance with law within a reasonable period of time.

With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- U