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Patna High CourtL.P.A/1038/2014dismissed

Vidyadhari Devi v. The State Of Bihar And ORS

2017-04-08Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1038 of 2014 IN Civil Writ Jurisdiction Case No. 2091 of 2014 ===========================================================

1. Vidyadhari Devi Wife of Raghuvansh Prasad Resident of village - Ranipur, P.S. Telhara, P.O. Ekangar Sarai, District - Nalanda .... .... Appellant/s

Versus

1. The State of Bihar

2. The Commissioner, Patna

3. The District Magistrate, Nalanda

4. The District Programme Officer, Nalanda

5. The Child Development Programme officer, Nalanda

6. The Circle officer, Ekangar Sarai, Nalanda .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Ms Y.Madhvi Mr. Surendra Kishore Thakur For the Respondent/s : Mr. Harish Kumar, GP 8 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 08-04-2017 The best question of law, which has been researched and pressed into service by counsel for the appellant, is that the District Programme Officer (ICDS) does not have powers to remove an Anganbari Sevika for irregularities. She tries to draw assistance from a decision reported in 2010 (2) PLJR 374 (Prabha Kumari Devi v. the State of Bihar & others).

With due respect to learned counsel for the appellant, the said decision is no longer good law since the guidelines has undergone change as well as the powers have now been vested upon

Patna High Court LPA No.1038 of 2014 dt.08-04-2017 2/2 the District Programme Officers thereafter. There is no infirmity with the decision of the learned Single Judge.

Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) sk AFR/NAFR NAFR CAV DATE NA Uploading Date 10.4.2017 Transmission Date NA