Jai Maa Santoshi Swa Shayata Samuh, Tusma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1988 of 2020

1. Jai Maa Santoshi Swa Sahayata Samuh, Tusma Through-the Secretary Ratan Bai W/o Shri Hem Lal Sahu, aged about 44 years, R/o VillageTusma, Police Station-Shivarinarayan, Tahsil-Nawagarh, Civil & Revenue District Janjgir Champa.

Versus

2. State of Chhattisgarh, Through The Secretary, Department of Women and Child Development, Mahanadi Bhawan New Raipur, Chhattisgarh.

3. The Collector Janjgir, Civil & Revenue District Janjgir- Champa Chhattisgarh.

4. The Chief Executive Officer, Zila Panchayat Janjgir, Civil & Revenue District Janjgir Champa Chhattisgarh.

5. The Project Officer Integrated Women and Child Development Project, Janjgir, Civil & Revenue District Janjgir Champa.

6. The District Program Officer, Women and Child Development Project Janjgir, Civil & Revenue District Janjgir Champa Chhattisgarh. ---- Respondents For Petitioner :

Mr. Paras Mani Shriwas, Adv.

For State :

Mr. Raghvendra Verma, G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 18/09/2020

1. The challenge in the present writ petition is to the order Annexure P/1 passed by the District Program Officer Women and Child Development District Janjgir Champa. Vide the said order, the petitioner has been discontinued from the work of supplying Ready to eat supplement food to the Anganwadi Centers under the Midday Meal Scheme of the Government.

2. Perusal of the impugned order Annexure P/1 would show that the petitioner was apprised of preferring an appeal to the District Collector within a period of 30 days, it appears that petitioner has not preferred an appeal and has straight away filed a Writ Petition. Since under the scheme, there is a provision of an appeal and which was apprised to

the petitioner, there is no reason why the petitioner bypassed the said provision of appeal and approach the Writ Court.

3. Reserving the right of the petitioner to prefer an appeal to the District Collector along with an application for condonation of delay explaining the delay of having approached the High Court.

4. In the event, if the petitioner prefers an appeal, the District Collector is expected to take a decision on the appeal at the earliest, on its own merits in accordance with law, duly considering the submission and the contention that the petitioner would be taking in his appeal.

5. With the aforesaid observation/direction, the writ petition accordingly stands disposed of Sd/- (P. Sam Koshy) Judge Jyotijha