Lakshmi Rani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19301 of 2021 ====================================================== Lakshmi Rani Wife of Shri Upendra Pandit Resident of Mohalla- Jakkanpur, P.S.- Jakkanpur, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Social Welfare Department, Government of Bihar, Main Secretariat, Patna. 2.

The Director Directorate of Integrated Child Development Services (ICDS), Ram Charitra Singh Path, Boring Canal Road, Patna. 3.

Joint Director, (HQ) Social Welfare Department, Government of Bihar, Main Secretariat, Patna.

4.

District Programme Officer Integrated Child Development Services (ICDS), Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kishore Kumar Thakur, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha (GA-7) Mr. Sangha Mitra Ghosh, AC to GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-03-2024 The present writ petition has been filed seeking the following reliefs:- "1. i) To set aside the notification communicated to the petitioner by memo number 6766 dated 10-102019 issued under the signature of respondent Joint Director, Social Welfare Department, by which, the petitioner has been awarded minor punishment of withholdment of one annual increment with noncumulative effect, for the misconceived and non-existent

Patna High Court CWJC No.19301 of 2021(2) dt.13-03-2024 2/3 charges, that too, for the fault on the part of respondents themselves.

ii) Further prayer in the present writ application is for direction to the respondents to declare that such minor punishment so awarded to the petitioner will not operate as a bar in matters of grant of service benefits, including grant of ACP/ MACP to her."

2.

At the outset, the learned counsel for the petitioner has submitted, by referring to paragraph no. 25 of the present writ petition, that the petitioner has filed an appeal cum review petition on 09.11.2019 against the impugned order of punishment dated 10.10.2019, however, the same has not been disposed off till date, hence the appellate authority be directed to dispose off the same within a stipulated time frame.

3.

The learned counsel for the respondents submits that in case the aforesaid appeal is pending consideration, the same would definitely be disposed off within a stipulated time frame, as is directed by this Court.

Patna High Court CWJC No.19301 of 2021(2) dt.13-03-2024 3/3 4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the appellate authority to consider the aforesaid appeal filed by the petitioner, in accordance with law, in case the same has not yet been disposed off, and pass a reasoned and a speaking order within a period of six weeks of receipt/production of a copy of this order.

5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U