Rekha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23207 of 2013 ====================================================== Rekha Devi W/o Sri Raj Kumar Mahto, Resident Of Village- Cheraiya Rahika, Chanka Mandir Tola, Ward No. 9, P.S- Nagar, District- Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Divisional Commissioner, Purnea Division, Purnea. 3.

The Regional Development Officer, Purnea 4.

The District Magistrate, Purnea 5.

The Child Development Project Officer, Sri Nagar, Purnea. 6.

Rita Devi W/o Sri Bhupendra Mahto, Resident Of Village- Cheraiya, Rahika Ward No. 10, P.S- K. Nagar, District- Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

M/s Dilip Kumar Tiwary and Amit Kr. Anand For the Respondent/s :

Mr.Arvind Kumar Sinha, AC to SC 14 Mr. Sanjeev Kr. Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is challenging the order dated 10.10.2013 (Annexure-9) passed in Misc. Appeal No. 88 of 2013 by which the appeal of the petitioner has been rejected. The learned counsel for the petitioner submits that the order passed by the Regional Development Officer, Purnea is non est and is not sustainable on two counts. First, he is not an Appellate Authority under the Scheme to hear the matter with regard to service dispute of Anganwari Sevika and second point

Patna High Court CWJC No.23207 of 2013(2) dt.03-04-2019 2/2 has been taken that without giving any notice, the order has been passed and there is no denial from the side of the private respondent.

In such view of the matter, the authority, who has passed the order, has not been authorized by law to deal the service appeal of Anganwari Sevika and pass order as well as the order having been passed without giving any opportunity of hearing to the petitioner and accordingly the order dated 10.10.2013 (Annexure-9) passed in Misc. Appeal No. 88 of 2013 is hereby set aside and the matter is remanded back to the Divisional Commissioner, Purnea Division, who will be obliged to hear both sides after giving due notice and decide the case in accordance with law within a period of three months from the date of receipt/production of a copy of this order. With the above direction, this petition is allowed. (Shivaji Pandey, J) mkchy/- U