Indu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16757 of 2019 ====================================================== Indu Kumari Wife of Jitendra Kumar, Resident of Village- Chak Bara, Police Station- Pipra. District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Social Welfare Department, govt. of Bihar, Patna.

2.

The Director Integrated Child Development Services, Bihar Patna. 3.

The District Magistrate, East Champaran, Motihari. 4.

The District Programme Officer, East Champaran, Motihari. 5.

The Child Development Project Officer, Chakia, East Champaran at Motihari.

6.

Punam Kumari Wife of Chandra Bhushan Kumar Resident of Village- Chak Bara, P.S.- Pipra, District- East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhurendra Kumar For the Respondent/s :

Mr. Gyan Prakash Ojha (GA-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-08-2019 The petitioner is aggrieved by the appointment of private respondent No. 6 on the post of Anganbari Sevika at Anganbari Centre No. 203, Ward No. 8, Chakbara Gram Panchayat in the District of East Champaran.

It has been submitted on behalf of the petitioner that despite private respondent No. 6 having obtained lesser marks than the petitioner and being

Patna High Court CWJC No.16757 of 2019(2) dt.28-08-2019 2/3 placed lower than the petitioner in the merit panel, instead of her, private respondent No. 6 has wrongly been appointed. The complaints made by the petitioner before the C.D.P.O., District Programme Officer and the District Magistrate of the concerned district have gone unheeded till date.

Since the appointment process is of the year 2018, the first authority before whom such a complaint could be filed was the District Programme Officer of the concerned district. Now with the new guidelines of 2019, the first authority before whom such a complaint could be filed is the concerned C.D.P.O.

The petitioner is therefore directed to make a suitable complaint in this regard before the concerned C.D.P.O. within a period of two weeks from today, who, on receipt of such complaint shall have the facts verified and pass an order in accordance with law within a period of thirty days of the receipt of such complaint which is the timeline provided under the new guidelines of 2019.

Patna High Court CWJC No.16757 of 2019(2) dt.28-08-2019 3/3 If no order is passed by the concerned C.D.P.O. within the timeline prescribed in the new guidelines, the records of the case of the petitioner shall stand automatically transferred to the office of the District Programme Officer, East Champaran, Motihari, who, in that event would be under an obligation to pass reasoned order in accordance with law within a reasonable period of time. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- U