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Patna High CourtCWJC/15092/2023dismissed

Seema Kumari v. The State Of Bihar

2024-04-01Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15092 of 2023 ====================================================== Seema Kumari Wife of Rajeev Ranjan, D/o Bhagwan Prasad Mandal, Resident of Village- Vijay Nagar (Ithari), P.O. - Bariyarpur, P.S. - Bariyarpur, District - Munger.

... ... Petitioner/s

Versus

1.

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

2.

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

The Director, I.C.D.S (Social Welfare Department) Govt. Bihar Patna. 4.

The Commissioner, Munger Division, Munger.

5.

The District Magistrate, Munger, District - Munger. 6.

The District Programme Officer, ICDS, Munger, District - Munger. 7.

The Child Development Project Officer, Jamalpur, District - Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Respondent/s :

Mr.Sunil Kumar Mandal ( SC- 3 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-04-2024 The present writ petition has been filed seeking the following reliefs:- "1. (i) For issuance of writ in the nature of Certiorari for quashing the order dated 25.05.2023 passed by Respondent Commissioner, Munger Division, Munger in Anganwari Service Appeal No. 18/2021 by which rejected appeal filed by petitioner and affirmed the action of the respondent District Programme

Patna High Court CWJC No.15092 of 2023(2) dt.01-04-2024 2/3 Officer, ICDS, Munger, DistrictMunger and the Child Development Project Officer, Jamalpur, DistrictMunger by which terminated to the petitioner on the post of Anganwari Sevika without asking show cause and without supply the alleged report affirmed the letter No.26 dated 07.01.2021 issued under signature of the District Programme Officer, Munger by which found to certificate of the petitioner found to be forged and directed to the CDPO, Jamalpur to take action for termination of the selection of the petitioner.

(ii) For further quashing the letter Memo No.37 dated 11.01.2021 passed by C.D.P.O, Jamalpur by which selection of the petitioner on the post of Anganwari Sevika has been terminated as directed by District Programme Officer, Munger.

(iii) Further issue direction to the respondents reinstate the service of the petitioner since date of issuance of the letter dated 11.01.2021 and granted all consequential benefit to the petitioner.

Patna High Court CWJC No.15092 of 2023(2) dt.01-04-2024 3/3 (iv) For further give other legal consequential benefit to the petitioner."

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