Munila Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19412 of 2018 ====================================================== Munila Kumari Wife of Chunnu Kumar Resident of Balapar, P.o. Birsinghpur, P.s. Kalyanpur, Distt. Samastipur ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Director, Panchayati Raj Department, Bihar Patna. 3.

The Collector Distt. Samastipur 4.

The District Panchayati Raj Officer, Samastipur. 5.

The Block Development Officer, Kalyanpur 6.

Sarpanch Gram Kachhari Gopalpur under Block Kalyanpur, Distt. Samastipur.

7.

Sangita Kumari Wife of Arjun Sahni Resident of village Gopalpur, P.o. Gopalpur,Distt. Samastipur.

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

For the Petitioner/s :

Mr.Pradeep Kumar Singh For the Respondent/s :

Mr. K.P. Gupta- GP10 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-01-2023 Heard the parties.

Petitioner has filed this writ petition for quashing the order dated 01.08.2011 (Annexure-2) passed by respondent No.5, by which appointment of the petitioner as Kachhari Secretary has been cancelled.

Learned counsel for the State submits that under Section 12 & 13 of Bihar Gram Kachhari Sachiv (Employment, Service Conditions & Duty) Rules, 2007 there is provision of complaint before the concerned Sub divisional Magistrate and appeal before the District Magistrate and the petitioner has

Patna High Court CWJC No.19412 of 2018(3) dt.02-01-2023 2/2 approached this court without availing such remedy. In that view of the matter, I direct that the petitioner may file appeal before the District Magistrate, Samastipur against the order dated 01.08.2011 (Annexure-2) passed by respondent No.5, the Block Development Officer, Kalyanpur and in case such appeal is filed within four weeks from today, the appeal shall be disposed of after hearing the parties by a reasoned and speaking order within a period of six months thereafter without going into question of delay, if any, which may have occurred in filing the appeal.

This writ petition is disposed of in aforesaid terms. (Prabhat Kumar Singh, J) BKS/- U