Sanjida Khatun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12939 of 2023 ====================================================== Sanjida Khatun Wife of Mamun Rashid, Resident of Village- Birbanna, P.S.- Antichak, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Social Welfare Department, Government of Bihar, Patna.

2.

The Director, I.C.D.S. (Social Welfare Department), Government of Bihar, Patna.

3.

The Divisional Commissioner, Bhagalpur, District- Bhagalpur. 4.

The District Magistrate/Controller, Bhagalpur, District- Bhagalpur. 5.

The Sub-Divisional Officer, Kahalgaon, Bhagalpur. 6.

The District Programme Officer, Bhagalpur, District- Bhagalpur. 7.

The Child Development Project Officer, Pirpaiti, District- Bhagalpur. 8.

Chairman-cum-Ward Member of Ward No.8, Gram Panchayat Srimadpur Hujur Nagar, Block- Pirpaiti, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Avinash, Advocate Mr. Kritya Nand Jha, Advocate For the State :

Ms. Kumari Amrita (Gp3) Mr. Rajesh Kumar, AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-01-2024 The present writ petition has been filed seeking the following reliefs:- "(i) For issuance of a writ in the nature of "Certiorari" for quashing the order dated 03.07.2023 passed by Divisional Commissioner, Bhagalpur in Miscellaneous (Anganwari) Appeal Case No. 02/2020-21 by which affirmed the order bearing memo No.444 dated 04.03.2020 passed by District

Patna High Court CWJC No.12939 of 2023(2) dt.08-01-2024 2/3 Magistrate, Bhagalpur by which terminated the service of the petitioner from the post of Women Supervisor without considering the case of the petitioner.

(ii) Further quashing the order bearing memo No.444 dated 04.03.2020 and affirmed vide memo No.446 dated 28.02.2023 by which terminated contract on the post of Women Supervisor, on the basis of the report submitted by Respondent Sub-Divisional Officer, Kahalgaon which was submitted by C.D.P.O., Pirpaiti, Bhagalpur said report is table frame report because said report is contrary to the proceeding 06.06.2019.

(iii) Further quashing enquiry report dated 21.09.2019 submitted by C.D.P.O., Pirpaiti, Bhagalpur before Sub-Divisional Officer, Kahalgaon, same has communicated vide letter bearing memo No.1317 dated 11.11.2019 to the District Magistrate, Bhagalpur with recommendation for taking action against the petitioner.

(iv) Further issuance of a direction to respondent to reinstate the service of the petitioner on the post of Mahila Supervisor." 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

Patna High Court CWJC No.12939 of 2023(2) dt.08-01-2024 3/3 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 competent jurisdiction. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U