Savita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14317 of 2023 ====================================================== Savita Kumari Wife of Dharmendra Ray, resident of Village-Vishunpur, Ward No. 6, Kashimchak Gram Panchayat, P.O. Madhopur, Police Station-Akilpur (Danapur), District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna. 3.

The Director I.C.D.S. Bihar, Patna.

4.

The Collector cum District Magistrate, Patna. 5.

The District Child Development Officer, Patna. 6.

The Child Development Project Officer, Danapur, Patna. 7.

The District Programme Officer cum First Appellate Authority, Patna. 8.

The Lady Supervisor, Danapur, Patna.

9.

Soni Kumari, Wife of Birendra Ray, resident of Village-Vishunpur, Police Station-Madhopur, Police Station-Akilpur (Danapur), presently residing Sainik Colony, Gola Road, Ward No. 20, Danapur, Danapur Nagar Parishad, Patna.

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

For the Petitioner/s :

Mr.Umesh Kumar Verma, Advocate For the Respondent/s :

Mrs.Kumari Amrita ( GP- 3 ) Mr. Rajesh Kumar, AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-01-2024 The present writ petition has been filed seeking the following reliefs:- "1. (i) To issue a writ in the nature of Certiorari for the quashing the order dated 24.06.2023 passed by the respondent No.4, the Collector cum District Magistrate, Patna in Aganbari Appeal No.01/2022-23 whereby and whereunder the Collector cum the District Magistrate, Patna without considering the submission raised by the petitioner illegally and arbitrarily dismissed the appeal filed by the petitioner and affirmed the order

Patna High Court CWJC No.14317 of 2023(2) dt.15-01-2024 2/3 dated 12.03.2022 passed by the District Programme Officer cum First Appellate Authority, Patna.

(ii) To issue a writ in the nature of Certiorari for quashing the order dated 12.03.2022 passed by the respondent No.7, the District Programme Officer cum First Appellate Authority, Patna in Aganbari Appeal Case No.15/2018 as contained in Memo No. 89 (Judicial) dated 22.06.2022 whereby and whereunder the District Programme Officer cum First Appellate Authority without considering the reply of the respondent (herein petitioner) illegally and arbitrarily terminated the selection of the petitioner from the post of Anganbari Sevika from the Centre No.265, Kashimchak Gram Panchayat, Ward No. 6.

(iii) To issue a writ in the nature of Certiorari for quashing the Memo No.312 dated 04.08.2022 issued by the respondent No.8, the Lady Supervisor, Danapur, Patna by which respondent No.9 has been appointed on the post of Aganbari Sevika on the place of the petitioner in Center No.265 Gram Panchayat Kashimchak, Ward No.6, in view of the direction of

Patna High Court CWJC No.14317 of 2023(2) dt.15-01-2024 3/3 respondent No.7, the District Programme Officer cum First Appellate Authority, Patna.

(iv) To re-instate the selection of the petitioner on the post of Anganbari Sevika for Centre No.265, Ward No.6, Gram Panchayat-Kashimchak within the Block of Danapur, District-Patna."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ 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 suit before the Ld. Civil Court having competent jurisdiction, for redressal of the aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U