Rinki Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24837 of 2019 ====================================================== Rinki Kumari Wife of Deewakar Kumar Resident of Village- Kachna, P.S.- Pakribarwa, District- Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director I.C.D.S., Bihar, P.S.- Sachiwalaya, Patna, District- Patna.

2.

The Principal Secretary, Welfare Department, Sachiwalaya, Patna. 3.

The D.M., Nawada, P.S.- Nawada, District- Nawada. 4.

The District Programme Officer, Nawada, P.S. Nawada, District- Nawada. 5.

The C.D.P.O. (Child Development Programme Officer), P.S.- Pakribarwa, District- Nawada.

6.

The Block Development Officer, Pakribarwa, P.S.- Pakribarwa, DistrictNawada. 7.

The Superivisor, Pakri Barawa, Block- Pakribarwa, P.S.- Pakribarwa, District- Nawada.

8.

Putul Kumari D/o Birju Yadav, W/o Mahendra Prasad R/o Village- Kachna, P.S.- Pakribarwa, District- Nawada.

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

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha For the Respondent/s :

Mr.Prashant Pratap (GP2) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-12-2019 Heard both sides.

The petitioner has filed this writ petition to quash the order dated 09.01.2019/07.02.2019 passed by the District Programme Officer, Nawada in Case No.13/Trisadasiya 2018/2019 and further to quash the order dated 16.09.2019 passed by Lady Supervisor, Pakribarwa, District-Nawada. Learned counsel for the petitioner submits that petitioner was appointed on the post of Anganwari Sevika on 06.08.2018 by the Selection Committee. A complaint was lodged about the illegal appointment of the petitioner. The

Patna High Court CWJC No.24837 of 2019(2) dt.12-12-2019 2/2 District Programme Officer, Nawada held inquiry and found that the name of the petitioner figures at Sl. no.3 in the merit list and without rejecting the candidature of the candidate appearing at Sl. No.2 in the merit list, the person appearing at Sl. No.3 should not have been appointed and accordingly, the appointment of the petitioner was cancelled and C.D.P.O. was directed to make appointment in accordance with law. The petitioner being aggrieved by the order of the District Programme Officer, Nawada filed service appeal being Service Appeal No.499M of 2019 but the appeal has not yet been decided.

Having considered the submission and the fact that the statutory appeal of the petitioner is pending before the District Magistrate, Nawada against the order disengaging the petitioner from the post of Anganwari Sevika, I dispose of this writ petition with a direction to the District Magistrate, Nawada to dispose of the appeal of the petitioner within two months from the date of receipt of this order. With the aforesaid direction, this writ petition is disposed of. (Prabhat Kumar Jha, J) Saurabh/- U