Rinku Devi @ Rinki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15927 of 2022 ====================================================== Rinku Devi @ Rinki Devi, wife of Anil Kumar Prajapati, resident of VillageGayghat, P.O.- Karwandiya, P.S.- Sasaram, District- Rohtas. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Additional Secretary, the Social Welfare Department, Government of Bihar, Patna.

4.

The Collector, Rohtas at Sasaram.

5.

The District Programme Officer, Rohtas at Sasaram. 6.

The Child Development Project Officer, Rohtas at Sasaram. 7.

The Lady Supervisor, Karwadiya Panchayat, Child Development Project, Rohtas at Sasaram.

8.

Sushila Devi Resident of Village- Gayghat, P.O.- Karwandiya, P.S.- Sasaram, District- Rohtas.

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

For the Petitioner/s :

Mr.Jagjit Roshan, Adv.

For the State :

Mr.S.K. Mandal, SC-3 Mr. Bipin Kumar, Adv. AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-04-2024 The present writ petition has been filed seeking the following relief:- "1(i) Issuance of writ or writs in the nature of Certiorari quashing the order dt. 08.07.2022 passed in Anganwari Sevika Appeal Case No.

05 of 2019 passed by Respondent No. 4 (Annexure-9) whereby and whereunder the Order passed by the learned District Programme Officer, Sasaram was set aside without considering the Written Statement

Patna High Court CWJC No.15927 of 2022(2) dt.05-04-2024 2/2 only on the basis of presumption and without assigning any reason for the same which is violation of Principle of Natural Justice.

(II) Issuance of writ or writs in the nature of Mandamus directing the Respondents to permit the Writ Petitioner to perform her duty as Anganwari Sevika of ward no. 12, Gayghat Anganwari Centre, Panchayat Karwadiya till the final disposal of the present Writ Petition." 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 civil 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