Patna High Court
Geeta Devi vs The State Of Bihar on 3 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9105 of 2020
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Geeta Devi Wife of Sri Raj Kishore Singh, Resident of Village - Khusiyal
Chapar, Landmark - Local Post Kusaundhi, P.S. Mirganj, District - Gopalganj.
Working as a Aanganbadi Sevika at Aanganbadi Centre Khusiyal Chapar,
Centre No. 28, District - Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar. Bihar.
2. The Additional Chief Secretary, Social Welfare Department, Government of
Bihar, Patna.
3. The Director, Integrated Child Development Scheme (I.C.D.S.), Social
Welfare Department, Government of Bihar, Patna.
4. The Divisional Commissioner, Saran Division at Chapra.
5. The District Magistrate, Gopalganj.
6. The District Programme Officer, I.C.D.S., Gopalganj.
7. The Child Development Project Officer, Hathua, District Gopalganj.
8. The Lady Supervisor-cum-Member Secretary, Child Development Project,
Hathua, Gopalganj.
9. Smt. Rani Devi, the Chairman of Aanganbadi Development Committee,
Aanganbadi Centre Khusiyal Chapar, Centre No. 28, Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate
For the Respondent/s : GP 3
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 03-01-2022
Heard learned counsel for the parties.
2. State counsel accepts notice for Respondent Nos. 1 to
8.
3. Service of notice to Respondent no. 9 is dispensed
since no adverse order is passed.
Patna High Court CWJC No.9105 of 2020 dt.03-01-2022
4. In the instant petition, petitioner has prayed for the
following relief/reliefs:
"I. For issuance of an appropriate writ in the nature of
certiorari for quashing the memo no. 921 dated 15.05.2020
issued under the signature of the District Programme Officer
(Establishment), Gopalganj, by which, the selection of the
petitioner Geeta Devi as Aanganbari Sevika at Centre No. 28,
Khusiyal Chapar Ward No. 4, Gram Panchayat Kusaundhi,
Block - Hathua, District - Gopalganj, has been cancelled on
the so called enquiry report without appreciating the facts and
circumstances as well as without proper appreciation of the
reply filed by the petitioner and the decision of the District
Programme Officer, Gopalganj is arbitrary and excessive one.
II. For issuance of an appropriate writ in the nature of
mandamus for commanding and directing the respondent
authorities concerned to reinstate the petitioner on the post of
Aanganbadi Sevika at Centre No. 28, Khusiyal Chapar, Ward
No. 4, Gram Panchayat Kusaundhi, Block - Hathua, District-
Gopalganj, as she has been selected after following the
guidelines for selection of Aanganbadi Sevika and merely on
the basis of false complain of Smt. Rani Devi, her selection
cannot be cancelled.
III. For issuance of an appropriate writ in the nature of
mandamus as alternative prayer of the petitioner for directing
the respondent the Divisional Commissioner, Sara Division at
Chapra to dispose of the appeal of the petitioner sent through
speed post dated 27.05.2020 by reasoned and speaking order
by ventilating the genuine grievance of the petitioner by
reinstating her on the post of Aanganbari Sevika at Centre No.
28, Khusiyal Chapar, Ward No. 4, Gram Panchayat
Kusaundhi, Block - Hathua, District - Gopalganj.
IV. For issuance of an appropriate writ in the nature of
mandamus for commanding directing the respondent
authorities concerned to reinstate the petitioner on the post of
Aanganwadi Sevika at Centre No. 28, Khusiyal Chapar, Ward
No. 4, Gram Panchayat Kusaundhi, Block - Hathua, District -
Gopalganj, as her service cannot be terminated on the basis of
false and frivolous complaint of Rani Devi as also on the basis
of Enquiry report, as the petitioner has denied all the
allegation in her show-cause reply, however, the same has not
been considered by the respondent authorities concerned.
V. For issuance of any other appropriate writ/writs,
order/orders, direction/directions for which the writ petitioner
Patna High Court CWJC No.9105 of 2020 dt.03-01-2022
will be found entitled in the facts and circumstances of the
case."
5. Short question for consideration is relating to disposal of
appeal against the termination order dated 15.05.2020., which is
pending consideration before the 4th Respondent-The Divisional
Commissioner, Saran Division at Chapra. Undisputed facts are
that the petitioner's services terminated on 15.05.2020 and
petitioner has filed statutory appeal before the 4 th Respondent and
it is pending consideration. Therefore, 4th Respondent is hereby
directed to decide petitioner's appeal within a period of three
months from the date of receipt of this order.
6. With the above observation, writ petition is disposed off.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date 07.01.2022
Transmission Date
