Sunita Kumari vs The State Of Bihar And Ors
2023 Latest Caselaw 4817 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.17083 of 2015
     ======================================================

Sunita Kumari wife of Sanjay Yadav, resident of Village- Mohammadpur, Khemtarni, Asthan under Mohammadpur, Panchayat Ward No.10 Block Suryagarha, PO and PS Suryagarha District Lakhisarai.

... ... Petitioner/s Versus

1. The State Of Bihar

2. The Director I.C.D.S Integrated Child Development Services, Office of Directorate Social Welfare Department, Government of Bihar, Patna

3. The Deputy Director, Welfare, Munger Division Munger, District Munger.

4. The District Magistrate, Munger.

5. The District Programme Officer, Lakhisarai District Lakhisarai.

6. The C.D.P.O. Suryagarha Block , Suryagarha District Lakhisarai.

7. Smt. Sunita Kumari wife of Bindo Ram, presently working as Panchayat Sevika Under Mohammadpur Panchayat Adapur Khemtarni Asthan, Ward no. 11, Kali Asthan , Suryagarha District Lakhisarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Awadhesh Kumar Singh, Advocate For the Respondent/s : Mr.Vinay Kirti Singh- Ga3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 21-09-2023

1. The present writ petition has been filed

seeking the following relief:-

"That this is a writ application for issuance of writ in the nature of certiorari for setting aside the order dated 9.5.2015 passed by Respondent no.3 in case No.61 of 2014 filed by Respondent no.7 and further a writ in Patna High Court CWJC No.17083 of 2015 dt.21-09-2023

same nature for setting aside the order dated 2.7.2015 passed by Respondent no.6 whereby petitioners services as Anganbari Sevika of Center No. 27 has been terminated without hearing the petitioner and further writ of mandamus be issued against the respondent to appoint the petitioner as Anganbari

under Mohammadpur Panchayat."

2. At the outset, the learned counsel

appearing for the respondent-State has submitted

that the respondent no.7 has died during the

interregnum period.

3. Nonetheless, it is not in dispute that the

order dated 09.05.2015, passed by the Deputy

Director, Welfare, Munger Division, Munger in an

appeal filed by the respondent no.7, i.e. in Case

No.61 of 2014, is an ex parte order, hence it is

submitted that the same be set aside and the

matter be remanded back to the learned Court of

Deputy Director, Welfare, Munger Division, Munger

for reconsideration of the entire matter afresh, on

merits.

Patna High Court CWJC No.17083 of 2015 dt.21-09-2023

4. Accordingly, the order dated 09.05.2015,

passed by the learned Court of Deputy Director,

Welfare, Munger Division, Munger in Case No.61 of

2014, being an ex parte order, which has been

passed without either issuing notice to the petitioner

or hearing her, is set aside and the matter is

remanded back to the Deputy Director, Welfare,

Munger Division, Munger for reconsideration

afresh, on merits.

5. It is needless to state that the petitioner

shall appear before the learned Court of Deputy

Director, Welfare, Munger Division, Munger on 6 th

October, 2023 at 10:30 a.m. so that she can be

heard and thereafter, a decision shall be taken on

merits, after hearing the affected parties, as well.

6. The writ petition stands allowed.

(Mohit Kumar Shah, J) kanchan/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          22.09.2023
Transmission Date       NA