Disposed

Rinki Kumari @ Rinki Devi, v. The State of Bihar

Patna HC25 Nov 2019CWJC/20928/2019

Case brief

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What is this about?

The High Court disposed of a writ petition filed to quash an order removing the petitioner from an Anganwadi post. The Court held the petition is maintainable as the statutory remedy (revisional appeal) was missed due to error in communication, granting liberty to file the appeal within three weeks.

What did the court decide?

Disposal of writ petition with liberty to file revisional appeal before the Divisional Commissioner within three weeks.

Rinki Kumari @ Rinki Devi, Vs The State of Bihar — Service and Employment | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20928 of 2019

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Rinki Kumari @ Rinki Devi, W/o Ranjan Tanti, Resident of VillageRamnagar Ward No. 12, P.S. Ramgarh Chowk, Distt.- Lakhisarai.

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... ... Petitioner/s

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Versus

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The State of Bihar, through Secretary Education Department, Government of Bihar, New Secretariat Patna.

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District Magistrate, Lakhisarai.

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District Programme Officer, Lakhisarai.

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Child Development Project Officer, Ramgarh Chowk, Lakhisarai.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar Singh For the Respondent/s : Mr.Smt. Binita Singh ( Sc28 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA

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ORAL ORDER

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2 25-11-2019 Heard learned counsel for the petitioner and the learned counsel for the respondents.

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This application has been filed, under Section 226 of the Constitution of India, for quashing the order dated 29.06.2019 (annexure 10) passed in Appeal Case No. 04 of 2019 by the respondent no.3, District Programme Officer, Lakhisarai, affirming the order dated 10.04.2019 passed by the respondent no.4, Child Development Project Officer, Ramgarh Chowk, Lakhisarai, removing the petitioner from the post of Anganwadi Sahayak.

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According to Clause -XII of the guidelines issued by the Additional Chief Secretary, Welfare Department,

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Patna High Court CWJC No.20928 of 2019(2) dt.25-11-2019 2/2

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Government of Bihar, Patna, in respect to the selection of Angarwadi Sewika/ Anganwadi Sahayak, 2019, against the order by the District Programme Officer, Lakhisarai, remedy of revisional appeal is available before the Divisional Commissioner.

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Learned counsel for the petitioner submits that since the order dated 29.06.2019 passed in Appeal Case No. 04 of 2019 by the respondent no.3, District Programme Officer, Lakhisarai, is communicated after 45 days and period of limitation to prefer revisional appeal before the Divisional Commissioner is 30 days, hence, the present writ petition has been filed.

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In view of the aforesaid submission, this writ petition is disposed of with liberty to the petitioner to file the revisional appeal, under the aforesaid guidelines, before the concerned Divisional Commissioner within three weeks from today, who shall entertain the revisional appeal condoning the delay and pass appropriate order in accordance with law.

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(Rajendra Kumar Mishra, J)

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Bhardwaj/-

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Rinki Kumari @ Rinki Devi, v. The State of Bihar

Case brief

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Rinki Kumari @ Rinki Devi, v. The State of Bihar

Case brief

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