Fulo Kumari @ Fulo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17819 of 2022 ====================================================== Fulo Kumari @ Fulo Devi Wife of Jamindra Kumar (wrongly typed as Kavindra Kumar in Impugned order) Resident of Village- Ekrama, P.S.- Chewara, District- Sheikhpura.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Social Welfare Department, Government of Bihar, Patna.

2.

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

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

4.

The District Magistrate, Sheikhpura.

5.

The District Programme Officer, Sheikhpura.

6.

The Treasury Officer, Sheikhpura.

7.

The Child Development Project Officer, Chewada, Sheikhpura. 8.

Rita Kumari @ Rina Kumari, Wife of Ranjit Kumar Resident of ward no.- 4, Ikrama Uttar, Centre No. 15, P.S.- Chewara, District- Sheikhpura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Vinay Pd. Singh, Advocate For the Respondent/s :

Mr.Prashant Pratap ( GP- 2 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-04-2024 The present writ petition has been filed seeking the following reliefs:- "1.i. For issuance of direction/writ/order to the respondents for quashing order dated 12.09.2022 passed in Misc.

Appeal No. 41/2016 by the respondent District Magistrate, Sheikhpura whereby and whereunder the Appeal filed by the petitioner against her removal from service as Aanganwari Sevika from Centre No. 15, Ekrama

Patna High Court CWJC No.17819 of 2022(2) dt.05-04-2024 2/3 North, Chewada has been dismissed and order passed by District Programme Officer on 23.07.2016 in Case No. 14/2016 was not interfered with.

ii. For issuance of an appropriate writ/s, order/s, direction/s to the respondents for quashing order dated 23.07.2016 contained in Memo No. 286 whereby whereunder the District Programme Officer, Sheikhpura passed order in Case No. 14/2016 (State versus Fulo Kumari) whereby and whereunder on the basis of enquiry report submitted by respondent no. 6 and without looking into show cause reply filed by the petitioner, he directed the petitioner to be removed as Aanganwari Sevika from Aanganwari Centre No. 15, Ekrama North.

iii. For issuance of an appropriate writ/s, order/s, direction/s to the respondents to reinstate the petitioner as Aanganwari Sevika at Centre No. 15, Ekrama North, Chewada, after quashing orders dated 12.09.2022 and 23.07.2016 respectively and direct respondents to make payment to the petitioners since she has been removed illegally by the respondent no.

5."

2.

At the outset, the learned counsel for the

Patna High Court CWJC No.17819 of 2022(2) dt.05-04-2024 3/3 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