Punam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12627 of 2023 ====================================================== Punam Kumari Wife of Shri Nakuldeo Gupta, Resident of Village - Asmanichak, Ward No.- 4, Panchayat- Dhauni Bamdeo, P.S.- Rajoun, District- Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Social Welfare Department, Government of Bihar, Vikas Bhawan, Jawahar Lal Nehru Marg, Patna.

2.

Collector, Banka.

3.

Deputy Development Officer, Banka.

4.

District Program Officer, Banka.

5.

Deputy Director, Welfare, Bhagalpur Division, Bhagalpur. 6.

District Welfare Officer, Banka.

7.

Child Development Project Officer, Rajoun, District- Banka. 8.

Anganbari Supervisor, Rajoun, District- Banka. 9.

Rita Devi Wife of Narendra Thakur, Resident of Village - Asmanichak, Ward No.- 4, Panchayat- Dhauni Bamdeo, P.S.- Rajoun, District- Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhakar Kumar, Advocate For the Respondent/s :

Mr.Kumari Amrita ( Gp 3 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-01-2024 The present writ petition has been filed seeking the following relief:- "That this application is for issuance of an appropriate writ, order or direction commanding upon the respondents setting aside (i) the order contained in Memo No.-133 dated- 20.04.2016 (Annexure-16) passed by the Child Development Officer, Banka whereby he issued direction to the petitioner

Patna High Court CWJC No.12627 of 2023(2) dt.08-01-2024 2/3 to work together in running "the Centre the Sahayeeka, Rita Devi (Respondent No.-(9) who has been absent 15 years from her duty without permission for which she was paid honorarium illegally by the concerned officer and the petitioner was given warning to remove her without assigning any bonafide reason, (ii) the order contained in Memo No.- 692 dated-06.10.2016 (Annexure-18) passed by the District Program Officer, Banka whereby he removed/de-selected the petitioner from Anganbari Sevika of the Centre and the respondent no.-9 has been directed to join her duty though she has been absent such a long period i.e. 15 years and he also directed the CDPO, Banka to attach to the nearest other Centre and (iii) the order dated- 16.08.2022 (Annexure-19) passed by the Collector, Banka in Angabari Appeal No.- 96/16-17 whereby he confirms the order of the District Program Officer."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a suit before the learned civil court of

Patna High Court CWJC No.12627 of 2023(2) dt.08-01-2024 3/3 competent jurisdiction. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U