Patna High Court
Ritu Priya vs The State Of Bihar on 13 December, 2023
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14379 of 2021
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Ritu Priya, Wife of Sri Satyendra Prasad, Resident of Village - Pachpan Par,
P.S. - Masaurhi, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Social Welfare
Department, Govt. of Bihar, Patna.
2. The District Magistrate, Patna.
3. The District Programme Officer, Patna.
4. The Child Development Project Officer, Masaurhi, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shambhu Sharan, Adv.
For the Respondent/s : Mr.Gyan Prakash Ojha, GA-7
Mr. Sanghamitra Ghosh, AC to GA-7
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
Date : 13-12-2023
The present writ petition has been filed seeking the
following reliefs:-
"1(i). For issuance of writ in the nature of
Certiorari for quashing the order dated 23.11.2020
passed in Anganwari Appeal Case No. 06 of 2015-
16 by the District Magistrate-cum-Collector, Patna
whereby and whereunder the appeal of the
petitioner has been dismissed without assigning
any reason.
(ii). For quashing the order dated 17.05.2013
passed by District Magistrate-cum-Collector, Patna
passed in Misc. Case No. 112 of 2012 whereby and
whereunder the District Magistrate-cum-Collector
affirmed the order dated 13.06.2012 passed by the
Patna High Court CWJC No.14379 of 2021 dt.13-12-2023
2/4
District Programme Officer, Patna.
(iii). For quashing the order dated 13.06.2012
passed by District Programme Officer, Patna
passed in Misc. Case No. 152 of 2012, whereby
and whereunder the District Programme Officer,
Patna, has cancelled the appointment of the
petitioner from the post of Anganwari Sevika."
2. At this juncture, this Court would refer to a judgment
rendered by the learned Division Bench of this Court in the case
of Babita Kumari v. The State of Bihar and Others, reported in
2016 SCC Online Pat 9434, paragraphs no. 7 and 8 whereof are
reproduced herein below:-
"7. Having considered the rival contentions, we do
not find any merit in the present appeal. The
charges against the appellant were very clear as
would be apparent from the show cause dated
22.02.2012
, which was issued in light of the
findings in the enquiry report as well as the relevant
documents/registers which were required to be
maintained at the Centre. Reply given by the
appellant, copy of which has been brought on
record, does not indicate any justification and rather
it has been stated that on 24.09.2011 at the time of
Inspection, the children were still coming and on
07.10.2011, she herself had gone to call the
children and during that time the inspection was
held. It was further stated by the appellant that on
Patna High Court CWJC No.14379 of 2021 dt.13-12-2023
30.09.2011 she had become ill due to being
drenched by rain. We find that such explanation is
vague and evasive and does not inspire confidence.
The spirit and object of running Anganbadi Centres
cannot be overemphasized and the purpose is to
ensure the welfare of children from the lowermost
and deprived strata of society. Any lapse in
execution of the said scheme has to be taken very
seriously. Closure of even one day entails the
beneficiaries going without their meals, which
cannot be overlooked. Thus, we do not find any
infirmity in the decision of the authorities
cancelling her selection as well as the procedure
adopted by them prior to passing such order.
8. For the reasons aforesaid, the Letters Patent
Appeal, being devoid of merit, stands dismissed."
3. It would be apt to refer to yet another judgment rendered
by the learned Division Bench of this Court in the case of Neetu
Kumari v. The State of Bihar and Others, reported in 2011 (4)
PLJR 20, paragraphs no. 4 and 5 whereof are reproduced herein
below:-
"4. In our considered view, the post of Anganbari
Sevika is not a post having security of tenure or
protection under Article 311 of Constitution of
India. Considering the very nature of engagement
which provides of honorarium, we are of the view
that in case the appellant still feels aggrieved, she
Patna High Court CWJC No.14379 of 2021 dt.13-12-2023
may approach the Civil Court for damages. There
is nothing at stake in such a scheme other than
honorarium. For such contractual engagements the
relief of reinstatement is not appropriate and even
if there is breach of the scheme or any other
principle of law, the claim should ordinarily be
permitted, if found good on merits, only for
damages.
5. The appeal is dismissed."
4. Considering the law laid down by the learned Division
Bench of this Court, as aforesaid, the learned counsel for the
petitioner seeks not to press the present writ petition, however,
seeks liberty on behalf of the petitioner to avail such other
alternative remedies as are otherwise available under the law
including that of filing a suit before the learned Civil Court
having competent jurisdiction. Liberty, so sought, is granted.
5. The writ petition stands dismissed as not pressed.
(Mohit Kumar Shah, J)
Ajay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 14.12.2023
Transmission Date NA
