Patna High Court
Anamika Kumari vs The State Of Bihar on 17 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.778 of 2021
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Anamika Kumari W/o-Sudish Kumar Resident of Village-bairiya, P.S.-
Kesariya Dist-East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Social Welfare
Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna.
3. The Director, Integrated Child Development Service, Govt. of Bihar, Patna.
4. The District Programe Officer, East Champaran, Motihari
5. The Child Development Project Officer, Kesariya, East Champaran,
Motihari.
6. The Lady Supervisor. Bihar
7. Gudia Kumari W/o-Om Prakash Yadav Resident of Village-Bariya, P.S.-
Keshariya, Dist.-East Champaran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan, Advocate
For the Respondent/s : Mr. Md. Raisul Haque, SC-10
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 17-01-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19
pandemic.
2. State counsel accept notice for respondent nos. 1 to
6. Service of notice to Respondent No. 7- Gudia Kumari is
dispensed since no adverse order is passed against her.
3. In the instant petition, petitioner has sought for
following reliefs:
"i. To issue an appropriate writ/
writs, order/orders, Direction/Directions to set
aside the order dated 28.06.2020 passed by
the Respondent No. 4 in case no. 1/2019 by
Patna High Court CWJC No.778 of 2021 dt.17-01-2022
which he pleased to terminate the petitioner
from the post of Anganbari Sevika of center
no. 208 and he further pleased to appoint Res.
No. 7 on her place.
ii. To issue an appropriate writ/
writs, order/orders, direction/ directions
commanding & directing to respondent no. 1-
6 to not implement the order dated 28.06.2020
passed in Case no. 1/2019 by the Res. No. 4.
iii. Any other order/orders."
4. The petitioner without exhausting statutory remedy
of appeal presented this petition.
5. Therefore, the present petition is pre-mature to
entertain in the light of Apex Court decision in the case of State
of Jammu and Kashmir V. R.K. Zalpuri reported in AIR 2016
SC 3006 at para 20 held as under:
"20. Having stated thus, it is useful to
refer to a passage from City and Industrial
Development Corporation V. Dosu Aardeshir
Bhiwandiwala and Others, wherein this Court while
dwelling upon jurisdiction under Article 226 of the
Constitution, has expressed thus:-
"The Court while exercising its
jurisdiction under Article 226 if duty-bound to
consider whether:
(a) adjudication of writ
petition involves any complex and
disputed questions of facts and
whether they can be satisfactorily
resolved;
(b) the petition reveals all
material facts;
(c) the petitioner has any
alternative or effective remedy for the
resolution of the dispute;
(d) person invoking the
jurisdiction is guilty of unexplained
delay and laches;
(e) ex facie barred by any
laws of limitation;
Patna High Court CWJC No.778 of 2021 dt.17-01-2022
(f) grant of relief is
against public policy or barred by
any valid law; and host of other
factors."
6. Accordingly, the present petition stands disposed of
reserving liberty to the petitioner to prefer appeal before the
appellate authority within a period of eight weeks from the date
of receipt of this order. If such appeal is filed, the appellate
authority is hereby directed to provide opportunity of hearing to
petitioner and Respondent no. 7- Gudia Kumari and decide the
petitioner's appeal within a period of four months from the date
of receipt of aforesaid appeal. The appellate authority is hereby
directed to take note of Section 14 of the Limitation Act for the
purpose of condonation of delay, if any.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR
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