Anjali Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20070 of 2019 ====================================================== Anjali Devi W/o Balram Ganesh Resident of Village- Nikkarbari Gain Basti, Ward No. 01, Ps.- Dighal Bank, District- Kishanganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate-cum-Collector Kishanganj 3.

TheDistrict Planning Officer Kishanganj 4.

The Child Development Project Officer Tulsiya Kishanganj 5.

Rupa Devi W/o Prakash Kumar Ganesh Resident of Village- Nikkarbari Gain Basti, Ward No. 01, P.s.- Dighal Bank, District- Kishanganj 6.

Ladies Supervisor Centre No. 219 Nikkar Bari Gain Basti, Tulsiya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Respondent/s :

Mr. Gyan Prakash Ojha (Ga7) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 21-12-2021 Heard learned counsels for respective parties. In the instant petition, petitioner has prayed for the following reliefs:- "(i) For issuance of an appropriate writ order or direction in the nature of certiorari to quash the order dated 31.7.19 passed by the respondent no.2(The District Magistrate, cum Collector, Kishanganj passed in Anganwari Appeal case no.206/2018-19 whereby and where under the service of the petitioner has been dismissed by the respondent no.2 without giving any opportunity to the petitioner which is violation of Natural Justice.

Patna High Court CWJC No.20070 of 2019 dt.21-12-2021 2/3 (ii) For further giving a direction to concern respondents to allow the order dated 19.1.19 under memo no.117 passed by the District Programm,Officer, Kishanganj.

(iii) For issuance of a writ in the nature of mandamus directing and commanding the concern respondents to allow the petitioner to work on her post as earlier a direction was issued to appoint in place of respondent no.6.

(iv)For any other relief/reliefs for which she would be found entitled under the facts and circumstances of the case."

Appellate authority before passing the impugned order dated 31.07.2019 has not provided an opportunity to the petitioner. On this short ground, the impugned order dated 31.07.2019 stands set aside. Appellate authority is hereby directed to provide ample opportunity of hearing to the petitioner and fifth respondent before reconsideration and passing fresh order in the Appeal Case No. 206/2018-19. The above exercise shall be completed within a period of three months from the date of receipt of this order. With the aforesaid observations, the present writ petition stands disposed off.

(P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A

Patna High Court CWJC No.20070 of 2019 dt.21-12-2021 3/3