Kiran Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1836 of 2014 =========================================================== Kiran Kumari, D/O Late Jung Bahadur Singh, Resident of Village Powari, P.S. Harnaut, District- Nalanda .... .... Petitioner

Versus

1. The State of Bihar

2. The Divisional Commissioner, Patna, Bihar

3. The District Magistrate, Nalanda

4. The District Programme Officer Nalanda

5. The District Welfare Officer, Nalanda

6. The Deputy Collector, Land Reforms, Biharsharif

7. The Sub-Divisional Officer, Biharsharif, District Nalanda

8. The Child Development Project Officer, Harnaut, District Nalanda

9. The Mukhiya, Gram Panchayat Powari, P.S. Harnaut District Nalanda

10. The Sarpanch, Gram Panchayat Powari, P.S. Harnaut, District Nalanda

11. Mukeshmani S/O Not Known Resident of Village Powari, P.S. Harnaut District- Nalanda .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : MR. VISHWANATH SINGH, ADV. MR. AMARNATH SINGH, ADV.

Mr. RAVI KUMAR, ADV.

For the Respondent/s : MR. ALOK KUMAR RAHI, A.C. to A.A.G.-2 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 13-03-2015 The level to which people are willing to stoop for small benefits, is evident from perusal of the records of the present writ application.

The writ application came to be filed because the petitioner was ordered to be removed from the responsibility of Anganbari Sevika. She was selected on the ground that she was a deserted wife and had nothing to fall back upon. But since the so called secret did not remain a secret, especially in a village,

Patna High Court CWJC No.1836 of 2014 dt.13-03-2015 allegations started flying fast and thick that petitioner was very much a legally married wife of the Mukhiya of the Panchayat. She lived with the Mukhiya under the same roof and shared common kitchen. The case of desertion was made out to obtain benefit of the post of Anganbari Sevika.

Since the matter related to wife of a Mukhiya, the respondent authorities have been very careful in carrying out an enquiry at the level of the Sub-divisional Officer. The enquiries have established the facts that what was alleged was correct. If the Mukhiya of the Gram Panchayat is willing to stoop to level of showing his wife to be a deserted wife despite living with him only to beget engagement as an Anganbari Sevika, the least which the respondent authorities could do was to reject her claim for continuance and allow the challenge thrown by the private respondents.

Any interference will be doing not only injustice to a rightful claim but also giving a seal of approval to a fraudulent act of the Mukhiya in question.

Writ is dismissed.

(Ajay Kumar Tripathi, J.) Vats/- U