Writ petition disposed on condition that petitioner file an appeal within 30 days for the Commissioner to decide by a reasoned order within four months.
Petitioner to file appeal within 30 days; Commissioner to decide by reasoned order within 4 months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5745 of 2010
1. NAGMANI KUMARI W/O PAPPU KUMAR @ PAPPU YADAV, R/O VILLAGE -
AMAKUAN, P.S - TEKARI, DISTRICT - GAYA.
Versus
1. THE STATE OF BIHAR.
2. THE SECRETARY, GOVT. OF BIHAR , PATNA.
3. THE DIRECTOR, I.C.D.S. WELFARE DEPARTMENT BIHAR, PATNA, INDIRA BHAWAN 2ND FLOOR.
4. THE COMMISSIONER, MAGADH DIVISION, GAYA.
5. THE DISTRICT MAGISTRATE, GAYA.
6. THE DISTRICT PROGRAMME OFFICER, DISTRICT - GAYA.
7. THE DISTRICT WELFARE OFFICER, DISTRICT - GAYA.
8. C.D.P.O TEKARI,DISTRICT - GAYA.
9. MUKHIYA GRAM PANCHAYAT RAJ AMAKUAN ,TEKARI BLOCK DISTRICT - GAYA.
10. THE PANCHAYAT SECRETARY ,AMAKUAN GRAM PANCHAYAT,TEKARI BLOCK
DISTRICT - GAYA.
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Counsel for the State.
Counsel for the State raises a preliminary objection to the remedy of appeal before the Commissioner of the Division against the order dated 26.6.2008 terminating the services of the petitioner as an Anganwari Sevika on grounds of dereliction in duties. Additional objection is raised on grounds of delay to submit that the writ petition challenging the order has been filed nearly one year ten months after issuance.
Counsel for the petitioner submits that the order is in violation of the principles of natural justice.
Only if such an appeal is filed within a period of thirty days from today let the Commissioner decide the appeal by a reasoned and speaking order after hearing all concerned and a reasoned discussion on all issues preferably within a maximum period of four months from the date of receipt and/or presentation of a copy of this order.
The writ application stands disposed.
Snkumar/- (Navin Sinha,J.)
NAGMANI KUMARI W/O PAPPU KUMAR
THE STATE OF BIHAR
Navin Sinha
As recorded by the court registry
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