Rajanti Kumari v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12057 of 2017 ====================================================== Rajanti Kumari, Wife of Rajendra Kumar, Resident of Village- Mithaiya, P.S.- Salaiya, District- Aurangabad.
.... .... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna.
2. The District Magistrate, Aurangabad.
3. The Sub Divisional Officer, Aurangabad.
4. The Child Development Project Officer, Obra (Aurangabad).
5. The District Program Officer, Aurangabad.
6. Meera Kumari, Wife of Ramendra Kumar, Resident of VillageHasanpura, P.O.- Sonbarsa, P.S.- Obra, District- Aurangabad. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Dr. Leelawati Kumari For the Respondent/s : Mr. Mukesh Kumar, Advocate Mr. Ashok Kumar No.6, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.
In the present case, the petitioner is challenging the appointment of Meera Kumari (respondent no.5) as Anganwadi Sevika before the District Programme Officer, Aurangabad where she could not succeed and against the present petitioner filed an appeal before the appellate authority i.e. District Magistrate, Aurangabad to affirm the order of the District Programme Officer. Learned counsel for the private respondent submits that it is appealable before the Divisional Commissioner and as such she
Patna High Court CWJC No.12057 of 2017 (3) dt.10-07-2018 2 /2 must exhaust the alternative remedy as available. This aspect of the matter has not been contradicted by learned counsel for the petitioner.
Accordingly this writ petition is disposed of with a direction that the petitioner may exhaust the remedy by way of appeal before Divisional Commissioner and if such an appeal is filed the Divisional Commissioner while considering the matter of limitation will take cognizance of the pendency of this case before this Court and will take final decision in the matter within a period of four months from the date of filing of the appeal. (Shivaji Pandey, J) Vinay/- U