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Patna High CourtCWJC/12548/2024dismissed

Pramila Kumari v. The State Of Bihar

2024-08-22Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12548 of 2024 ====================================================== Pramila Kumari Wife of Kishore Kumar Vishwakarma, Resident of VillageDaulatpur Simari, P.S.- Bihta, District- Patna. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Patna.

3.

The District Programme Officer, Patna.

4.

The Child Development Project Officer, Bihta, Patna. 5.

Sarita Pandit, Wife of Rajendra Paswan, Resident of Village- Daulatpur Simari, P.S.- Bihta, District- Patna, At Presently posted as Anganwari Sevika at Centre- Daulatpur Simari Code No.158, Child Development Project, Bihta. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta, Advocate For the Respondent/s :

Mr. Binita Singh, SC- 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-08-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner has filed the present writ petition for setting aside the order dated 12.10.2022 passed by learned Collector-cum-District Magistrate, Patna in Anganbari Appeal No. 02 of 2022-2023, whereby the appeal of the petitioner was dismissed. Further prayer has been made to quash Memo No. 1574, dated 08.12.2011 issued by District Programme Officer, Patna, by which the selection of the petitioner on the post of Anganbari Sevika was cancelled.

Patna High Court CWJC No.12548 of 2024(2) dt.22-08-2024 2/3

3. Learned counsel for the petitioner submits that the petitioner has earlier moved before this Hon'ble Court on two occasions, firstly in CWJC No. 4256 of 2015 vide order dated 19.04.2019 the order passed by the Collector had been set aside and it was directed to the Collector to pass a reasoned and speaking order after hearing the necessary parties without any undue delay. Counsel submits that the petitioner has underground the petition and moved before another forum then subsequently filed another writ petition passed in CWJC No. 3406 of 2021 which was dismissed vide order dated 08.02.2022 by which she was directed to file appeal before the Collector. Thereafter, the petitioner preferred appeal before the Collector who has passed the final order on 12.10.2022. Counsel submits that punishment order has been passed in which Anganbari Sahayika has been exonerated but Sevika has been held responsible whereas the distribution has been made by the Sahayika herself.

4. Learned counsel for the State submits that the impugned order i.e., on 12.10.2022 passed by the Collectorcum-District Magistrate, Patna in Anganbari Appeal No. 02 of 2022-2023 is well reasoned and speaking order. The entire aspect has been discussed in detail and reason has already been

Patna High Court CWJC No.12548 of 2024(2) dt.22-08-2024 3/3 assigned as to why the Sevika has been held responsible and Sahayika has not been held responsible also been mentioned.

5. Upon perusal of the impugned order passed by the Collector-cum-District Magistrate, Patna this Court is of the firm view that the order is well reasoned and speaking and there is no need of any interference in this matter.

6. Hence, this writ petition stands dismissed. (Dr. Anshuman, J.) Aman Kumar/- U