Basanti Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3950 of 2016 ====================================================== Basanti Kumari W/o Mantu Roy R/o Vill- Bhaipur, P.S. Dhanarua in the district of Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Patna.

3.

The District Program Officer, Dhanarua Patna. 4.

The Block Agricultural Officer, Dhanarua.

5.

The Block Development Officer, Dhanarua.

6.

The Child Development Project Officer, Dhanarua. 7.

The Secretary, Bihar Sanskrit Shiksha Board, Patna. 8.

The Rita Kumari W/o Mukesh Kumar R/o Bhaiur, P.S.- Dhanarua in the district of Patna.

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the State :

Mr.Raui Bhardwaj For respondent no.7 Mr. Satyam Shivam Sundram ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-05-2019 Counsel for the petitioner is permitted to correct the description of respondent no.3 in the cause title of writ petition. Heard counsel for the petitioner and counsel for respondent-State.

Petitioner is aggrieved by order of the Appellate authority i.e. Deputy Director Welfare, Patna dated 11.07.2015 whereby respondent no.8 has been reinstated as Anganbari Sevika for the center in question.

Order has been passed reversing the order of the

Patna High Court CWJC No.3950 of 2016(2) dt.02-05-2019 2/3 District Programme Officer, Patna dated 08.11.2014 whereby and whereunder selection of respondent no.8 was found to be illegal. Appellate authority has interfered with the finding of District Programme Officer, Patna since respondent no.8 was not heard before District Programme Officer, Patna. In the circumstance, counsel for the petitioner submits that selection of respondent no.8 was grossly illegal as she was disqualified on many counts.

Issues are, therefore, to be agitated having regard to the record of selection process and other factors which involve disputed question of fact. Counsel for the petitioner, therefore, submits that he would be approaching District Programme Officer, Patna with his complaint for illegal selection of respondent no.8.

It is needless to say that it is the duty of the District Programme Officer, Patna to examine such complaint after affording opportunity of hearing to respondent no.8 and the parties concerned in accordance with law.

In case, petitioner approaches District Programme Officer, Patna by filing his complaint along with supporting document the same should be considered by District Programme Officer, Patna (respondent no.3) by reasoned and speaking order

Patna High Court CWJC No.3950 of 2016(2) dt.02-05-2019 3/3 expeditiously and without delay in accordance with law. (Madhuresh Prasad, J) s.hassan/- U