Phool Kumari Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.2211 of 2015 IN Civil Writ Jurisdiction Case No. 12210 of 2015 =========================================================== Phool Kumari Devi wife of Shri Lal Babu Prasad resident of Village - Barka Teghra, Police Station - Maharajganj, District Siwan. .... .... Appellant
Versus
1. The State of Bihar through the Principal Secretary, Social Welfare Department, Government of Bihar, Patna.
2. The Director, Integrate Child Development Scheme (ICDS), Bihar, Patna.
3. The Divisional Commissioner, Saran Division, Chapra.
4. The District Magistrate, Siwan.
5. The District Programme Officer, Siwan.
6. The Child Development Project Officer, Maharajganj, District - Siwan. .... .... Respondents =========================================================== Appearance :
For the Appellant :
Mr. Raghav Prasad, Advocate For the Respondents : Mr. Iqbal Asif Niazi, AC to GP-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 03-02-2017 Delay of five days is condoned. I.A. No. 9591 of 2015 is allowed. Matter is taken up on merits.
The removal of the appellant from the assignment of Aangabari Sahaika was gone into by all the authorities below and the explanation offered was not found to be genuine and bonafide. Since the engagement is on fixed remuneration on contract, therefore, the maximum this Court can do is to see whether the process and the procedure prescribed for such removal and the forum prescribed against such grievance has given adequate opportunity or not to the
Patna High Court LPA No.2211 of 2015 dt.03-02-2017 2/2 appellant. Since those requirements have been satisfied, the order of the learned single Judge, that the appellant's removal will not come in her way if a fresh selection and appointment is made, is not required to be interfered with.
Appeal has no merit. It is dismissed.
(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Pawan/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 03.02.2017 Transmission Date N/A