IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9746 of 2020
======================================================
Manisha Kumari Wife of Rajiv Kumar Choudhary Resident of village- Bhim Das Tola, Tintanga, P.s.- Gopalpur, Naugachia, District- Bhagalpur ... ... Petitioner/s Versus
1. The State of Bihar through Additional Chief Secretary, Social Welfare Department, Government of Bihar, 2nd Floor, Indira Bhawan, R.C. Singh Path, Bailey Road, Patna-800001
2. District Magistrate, Bhagalpur
3. District Programme Officer, Bhagalpur
4. Child Development Project Officer, Rangara Chauk, Naugachia, Bhagalpur
5. Chairman Selection Committee, Village- Panchayat- Tintanga Diyara North, Rangra Chouk, P.s.- Gopalpur, District- Bhagalpur ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr.Rohit Kumar Sharma For the Respondent/s : Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 23-11-2021 In the instant petition, petitioner has prayed for following relief/reliefs:
"This is an application for issuance of a writ in the nature of mandamus to direct the respondent no. 2, to register the appeal of petitioner, against the order of District Programme Officer, Bhagalpur dated 20.01.2020, which was not accepted by his office within the prescribed 30 days period of time to appeal, only due to for application was not forwarded from the concerned office (District Programme Officer, Bhagalpur). And further for issuance of a consequential writ in the nature of certiorari to quash the Misc. (Aanganwadi) Case No. 110 of 2018-19 dated 20.01.2020 passed by the District Programme Officer, Bhagalpur by which order, district programme officer set-a-side the appointment of the petitioner as Patna High Court CWJC No.9746 of 2020 dt.23-11-2021 2/2 Aanganwadi Sevika for the reason that her caste certificate was not acceptable for her in-laws have. And petitioner another caste certificate of her maternal home, could not be accepted after one year of her selection."
Petitioner feeling aggrieved and dis-satisfied with the order of the penalty preferred appeal before the Appellate Authority and Appellate Authority has not considered the petitioner's appeal till date. Therefore, the Appellate Authority is hereby directed to pass speaking order on the memorandum of appeal, after due consideration of relevant provision of appeal consideration, while dealing each of the contention in the appeal and communicate the decision within a period of two months from the date of receipt of this order.
With the above observation, writ petition is disposed of.
(P. B. Bajanthri, J) GAURAV S./-
AFR/NAFR NAFR CAV DATE NA Uploading Date 25.11.2021 Transmission Date NA