Manisha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13977 of 2023 ====================================================== Manisha Kumari Wife of Shri Shivam Kumar Chaudhari, Resident of Village and P.O.- Tharbhitta, Ward No. 12, P.S. Kishanpur, District Supaul. ... ... Petitioner/s

Versus

1.

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

2.

The Director, I.C.D.S. Department of Social Welfare, Government of Bihar, Patna.

3.

The District Collector, Supaul, District- Supaul. 4.

The Child Development Project Officer (CDPO), Kishanpur, DistrictSupaul. 5.

The District Program Officer, I.C.D.S., Supaul 6.

The Women Supervisor Cum Member Secretary (Selection Committee) Aanganbari Kendra, Community Hall, Naya Musahri Tola, P.O. and P.S.- Kishanpur, District- Supaul.

7.

Abha Kumari, Wife of Bachneshwar Yadav, Resident of Village- Tharbhitta, Ward No.- 14, P.S.- Kishanpur, District-Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Agrawal, Advocate For the Respondent/s :

Smt. Kumari Amrita (Gp3) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-03-2024 The present writ petition has been filed seeking the following reliefs:- " (i) For quashing the Memo No. 183 dated 21.04.2022 issued by the Respondent Child Development Project Officer by which the Petitioner was removed/terminated from the post of " Aanganwari Sevika" posted at Ward No. 12/Centre No. 48 under Kishanpur Block, Shivpuri Panchayat since 04.06.2018 illegally,

Patna High Court CWJC No.13977 of 2023(2) dt.19-03-2024 2/3 arbitrarily without giving any opportunity of hearing and in complete violation of principles of natural justice.

(ii) For quashing Memo No. 3530 dated 30.09.2022 passed by Respondent District Programme Officer, Supaul whereby petitioners complaint has summarily been rejected without assigning any reasons & only on direction of Respondent District Magistrate which is perverse and liable to be set aside. (iii) For quashing the order dated 28.06.2023 passed by the respondent appellate authority, the Collector, Supaul in Aanganbari in Appeal No. 23/2022 whereby the Collector, without appreciating the fact and law affirmed the order passed by District Programme Officer, Supaul which is wholly illegal, arbitrary and malafide;

(iv) For a declaration that the petitioner may be allowed to continue on the said post at Aanganbari Kendra situated at Ward No. 12 Samudayik Bhawan, New Musahari Tola as the petitioner was appointed for said ward being resident thereof and the private respondent may resume charge to her ward i.e., Ward No.

14, where she resides. "

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ

Patna High Court CWJC No.13977 of 2023(2) dt.19-03-2024 3/3 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