Poonam Kumari @ Poonam Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20909 of 2019 ====================================================== Poonam Kumari @ Poonam Devi Daughter of Late Shivaji Prasad, Wife of Shri Raj Krishnan @ Krishna Soni, Resident of Village-96D, Jamo Bazar, Near Gandak Compound, Ward No.6, Police Station-Jamo Bazar, BlockGoreyakothi, District-Siwan. Earlier Working as Aanganbadi Sevika at Centre no. 190, of Newly, Created Aanganbadi Centre, Ward No. 6, Gram Panchayat Raj Jamo Bazar, Block-Goreyakothi, District-Siwan. ... ... Petitioner.
Versus
1.
The State of Bihar.
2.
The Additional Chief Secretary, Social Welfare Department, Government of Bihar, Patna.
3.
The Director, Integrated Child Development Scheme (I.C.D.S.), Social Welfare Department, Government of Bihar, Patna. 4.
The Divisional Commissioner, Saran Division at Chapra. 5.
The District Magistrate, Siwan.
6.
The District Programme Officer, Integrated Child Development Scheme (ICDS), Siwan.
7.
The Child Development Project Officer, Goreyakothi, District-Siwan. 8.
The Lady Supervisor, Goreyakothi, District-Siwan. 9.
The Ward Member of Ward No.6-Cum-the Chairman of Selection of Aanganbadi Sevika, Gram Panchayat Raj Jamo Bazar, Block-Goreyakothi, District-Siwan.
10.
Sahiba Khatoon, Wife of Md. Mumtaz Alam Resident of Village-Jamo Bazar, Police Station-Jamo Bazar, Block-Goreyakothi, District-Siwan. At Present Working as Aanganbadi Sevika at Centre no. 190, of Newly Created Aanganbadi Centre, Ward No.6, Gram Panchayat Raj Jamo Bazar, BlockGoreyakothi, District-Siwan. ... ... Respondents.
====================================================== Appearance :
For the Petitioner :
Mr. Umesh Kumar Mishra, Advocate.
For the State :
Mr .Gyan Prakash Ojha (GA7) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date : 25-11-2019 Heard the parties.
2. This application has been filed on behalf of the
Patna High Court CWJC No.20909 of 2019 dt.25-11-2019 2/3 petitioner for quashing the order dated 29.06.2019 passed by the District Programme Officer, Siwan, in Aanganbadi Miscellaneous Case No.66/17-18 (Annexure-10 to the writ application), whereunder the selection of the petitioner on the post of Aanganbadi Sevika has been cancelled.
3. The order assailed in the present writ application is appelable under Clause-12 of the Guidelines issued by the Additional Chief Secretary, Social Welfare Department, Government of Bihar, Patna, in respect to the selection of Aanganbadi Sevika/Aanganbadi Sahayak, 2019, before the concerned Divisional Commissioner.
4. Learned counsel for the petitioner submits that the period for preferring the revisional appeal against the impugned order before the concerned Divisional Commissioner is 30 days but the said order has been communicated to the petitioner after two months without issuing any notice to her.
5. In view of the aforesaid submission of the learned counsel for the petitioner, let the petitioner file the revisional appeal under the aforesaid Guidelines within two weeks from today before the concerned Divisional Commissioner, which shall be considered by the concerned Divisional Commissioner by ignoring the delay in filing the
Patna High Court CWJC No.20909 of 2019 dt.25-11-2019 3/3 revisional appeal. The aforesaid revisional appeal must be disposed of by the concerned Divisional Commissioner within three months after filing of the aforesaid revisional appeal.
6. With the aforesaid direction/observation, this writ application stands disposed of.
(Rajendra Kumar Mishra, J) Pradeep Srivastava/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.11.2019.
Transmission Date NA