Shabana Khatoon v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14964 of 2018 ====================================================== Shabana Khatoon, wife of Javed Ansari, Resident of Village Sondhani, PostBhagwanpur, P.S.- Bhagwanpur Hatt, Distirct- Siwan. ... ... Petitioner

Versus

1. The State of Bihar through its Principal Secretary New Secretariat Building Patna.

2. The Director, Integrated Child Development Scheme, Social Welfare Department, New Secretariat Building Patna.

3. The District Magistrate, Siwan.

4. The District Programme Officer, Siwan.

5. The District Welfare Officer, Siwan.

6. The Child Development Project Officer, Bhagwanpur, Hatt, Block + P.S.- Bhagwanpur Hatt District- Siwan.

7. The Women Supervisor Secretary of Selection Committee Child Development Scheme, Bhagwanpur Hatt, Block Bhagwanpur, Hatt, Siwan.

8. Binita Gupta, Wife of Rajesh Kumar Gupta, Resident of Village + P.O.- Bhagwanpur, P.S.+ Block- Bhagwanpur, District Siwan. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Pranav Kumar, Advocate For the Respondent/s :

Smt.Kumari Amrita -GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is challenging the appointment of Binita Gupa, respondent no.8, as Angabari Sevika on the ground that she has wrongly been appointed on the direction of the District Programme Officer dated 27.06.2018.

Patna High Court CWJC No.14964 of 2018(2) dt.19-09-2018 2/2 There is a provision of appeal against the order of the District Programme Officer, but instead of exhausting the remedy of appeal the petitioner has directly approached this Court.

Let the petitioner exhaust the alternative remedy by way of filing an appeal before the appellate authority. If such an appeal is filed, the appellate authority shall decide the same in accordance with law. If the order of the appellate authority goes against the petitioner, he will be at liberty to take action in accordance with law. While considering the issue of limitation, the appellate authority will consider the pendency of this case before this Court.

With the aforesaid observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) pawan/- U