Nirmala Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25091 of 2018 ====================================================== Nirmala Kumari, W/o Radhakant Roy, resident of Village- Satghtta,P.O.- Hathwan, P.S.- Allouli, District- Khagaria.

... ... Petitioner/s

Versus

1.

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

2.

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

The District Magistrate, Khagaria.

4.

The District Programme Officer I.C.D.S., Khagaria. 5.

The Child Development Project Officer, Block Allouli, District- Araria. 6.

Rupam Kumari W/o Rupesh Kumar, resident of Village- Satghatta, P.O.- Hathwan, P.S.- Allouli, District- Khagaria.

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

For the Petitioner/s :

Mr. Mukesh Kr. Jha, Adv.

For the Respondent/s :

Mr. Md. Raisul Haque- SC10 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-05-2019 Heard learned counsel for the parties.

In the present case, the petitioner is challenging the order dated 18.7.2018 passed by the District Programme Officer, Khagaria canceling the selection of the petitioner as Anganwari Sevika.

This Court finds that the petitioner, without exhausting the available alternative remedy of filing an appeal, has straightway filed the present writ application before this Court.

In that view of the matter, let the petitioner should file

Patna High Court CWJC No.25091 of 2018(2) dt.21-05-2019 2/2 an appeal before the competent authority.

If such an appeal is filed by the petitioner, the authority concerned will dispose of the same expeditiously preferably within a period of six months from the date of filing of the appeal after giving due notice to the parties concerned. It is made clear that the authority, while examining the issue of condonation of delay, will take into account the pendency of this writ application before this Court. Accordingly, this writ application is dismissed with the aforesaid liberty.

(Shivaji Pandey, J) rishi/- U