Aruna Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10467 of 2015 ====================================================== Aruna Kumari, wife of Sri Sanjay Kumar Singh, resident of VillageRampur Teen Ghariya, Post- Beethnauli, P.S.- K. Nagar, District- Purnea. .... .... Petitioner.

Versus

1. The State of Bihar.

2. The Joint Commissioner-cum-Secretary, Regional Transport Authority, Purnea Division, Purnea.

3. The District- Magistrate, Purnea.

4. The District Programme Officer, Purnea.

5. The Child Development Project Officer, K. Nagar, Purnea.

6. Shagufta Shaheen, wife of Afroj Alam, resident of Village- Rampur Mushari, P.S. Bithnauli, P.S.- K. Nagar, District- Purnea. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ajey Kumar, Advocate For the Respondent/s : Mr. S. K. Saraf, AC to GP18 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 18-12-2015 Heard learned counsel for the petitioner and the State. The petitioner was appointed as Anganwari Sevika in the year 2012. Her services was terminated vide order dated 27.07.2013 passed by the District Magistrate, Purnea. Counsel for the petitioner has assailed the impugned order solely on the ground of jurisdiction. He submits that the State Government in the Department of Social Welfare vide decision dated 17.05.2013, contained in file no. ICDS 50030, made amendment in Anganwari Sevika and Sahaika guidelines, 2007 by authorizing the District Programme Officer to hear the complaint regarding irregularities committed in the selection

Patna High Court CWJC No.10467 of 2015 (3) dt.18-12-2015 2 / 2 process in place of District Magistrate.

In view of the said amendment, it was the District Programme Officer, who could hear the complaint regarding irregularities committed in the selection process. As the same has been done by the District Magistrate, it is in violation of the guidelines 2011, amended on 17.05.2013, by the Social Welfare Department, Government of Bihar. In the result, this writ application is allowed and the impugned order cancelling the appointment of the petitioner is set aside and the matter is remitted to the District Programme Officer, Purnea for taking appropriate action in the matter in accordance with law within a period of four months from the date of receipt of a copy of this order.

(Samarendra Pratap Singh, J.) Uday/- U