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Patna High CourtCWJC/977/2016disposed

Manju Kumari v. The State Of Bihar And ORS

2019-01-02Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.977 of 2016 ====================================================== Manju Kumari W/o Sri Sunil Kumar Bhartiya, Resident of Bhittha Bazar, P.S.- Sursand, District- Sitamarhi, Presently residing at R.B.I. Officer's Flat, Lohiyanagar, Kankarbagh, Patna- 20 ... ... Petitioner/s

Versus

1. The State of Bihar through its Chief Secretary, Govt. of Bihar, Old Secretariat Building, Patna

2. The Principal Secretary to Govt. in the Social Welfare Department, Govt. of Bihar, Patna

3. The Special Secretary to Govt. in the Social Welfare Department, Govt. of Bihar, Patna

4. The Director, Integrated Child Development Scheme, Bihar, Indira Bhawan, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar For the Respondent/s :

AC to GP 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-01-2019 Heard learned Counsel for the petitioner and the learned Counsel for the respondent State.

Against the notification dated 5.8.2014 awarding punishment of dismissal, Counsel for the State submits that the petitioner has remedy under Rule 24(2) of the Bihar CCA Rules, 2005, by filing a review in the form of memorial. In view of such submission based on the Bihar CCA Rules, 2005, this Court does not consider it proper to exercise its discretion in favour of the petitioner at this stage when there is adequate alternative remedy available under the Bihar CCA Rules 2005.

Patna High Court CWJC No.977 of 2016(3) dt.02-01-2019 2/2 Counsel for the petitioner seeks liberty to avail of the remedy.

It is made clear that if the petitioner avails of the remedy under Rule 24(2) of the Bihar CCA Rules, 2005 within a period of eight weeks from today, the authorities shall consider the same in accordance with law without raising objection of the petitioner's application being filed by delay as the same is being relegated to the statutory alternative remedy on objection raised by Counsel for the State.

The writ application is disposed of.

(Madhuresh Prasad, J.) SNkumar/- U