Disposed

Usha Devi v. The State Of Bihar and Ors.

Patna HC7 May 2019CWJC/3987/2019

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an order against a petitioner for running an Anganbari Centre from the wrong ward. The court noted no prima facie fault in the impugned order but directed the District Magistrate to dispose of any pending appeal after a hearing.

What did the court decide?

The writ petition stands disposed of. Directions issued for disposal of appeal after hearing.

Usha Devi Vs The State Of Bihar and Ors. — Patna HC (2019) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Civil Writ Jurisdiction Case No.3987 of 2019

¶3

======================================================

¶4

Usha Devi, aged about 33 years, Gender-Female, W/o Bihari Lal Sahu, Vill.Kathra, P.o.- Kathra, P.S.- Manigachi, Distt.- Darbhanga.

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar through its Secretary, Social Welfare Department, New Secretariat, Patna.

¶8

The Director, Social Welfare Department, New Secretariat, Patna.

¶9

The District Magistrate, Darbhanga.

¶10

The District Program Officer, Darbhanga.

¶11

The Child Development Officer, Tardih, Darbhanga.

¶12

... ... Respondent/s

¶13

====================================================== Appearance : For the Petitioner/s : Mr. Shashi Bhushan Kumar, Adv. For the Respondent/s : Ms. Neelam Kumari, AC to SC-3

¶14

======================================================

¶15

CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT

¶16

Date : 07-05-2019

¶17

The petitioner has challenged the order dated 18.12.2018, contained in Memo No. 2548, issued under the signature of District Programme Officer, Darbhanga, who, after verifying the records, has found that the petitioner has unauthorizedly been running the Anganbari Centre from

¶18

Ward No. 7, though she had to run it from Ward No. 6.

¶19

Patna High Court CWJC No.3987 of 2019 dt.07-05-2019 2/4

¶20

The aforesaid order dated 18.12.2018 has

¶21

been passed on a complaint by one Rajeev Kumar Jha, who was later substituted by one Rama Shankar Jha, that deliberately the Anganbari Centre was unauthorizedly being run by the petitioner in Ward No. 7 for the purposes of deflecting the process of selection in Ward No. 6. Finding such allegation to be true, the District Programme Officer, Darbhanga directed the petitioner to start functioning from Ward No. 6 or else disciplinary action shall be taken against her. In the meanwhile, the District Programme Officer has also directed for initiation of selection process for Ward No. 6.

¶22

The petitioner is aggrieved by the aforesaid order of the District Programme Officer, Darbhanga for several reasons; one being that right from 2017, the Centre was being run in Ward No. 7 and not Ward No. 6. Without properly verifying the facts, it has been alleged, the District Programme Officer has passed such an order.

¶23

It would not be open for the petitioner to

¶24

make such grievance as no evidence was produced by the

¶25

Patna High Court CWJC No.3987 of 2019 dt.07-05-2019 3/4

¶26

petitioner before the District Programme Officer, Darbhanga, in support of her claim that she had actually been asked to run the Centre from Ward No. 7. In the absence of the petitioner producing necessary documents before the District Programme Officer, Darbhanga, the order appears to have been passed on the basis of available record.

¶27

This Court prima facie does not find any fault

¶28

with the order dated 18.12.2018.

¶29

However, if the petitioner is aggrieved by the aforesaid order, she has the forum of appeal before the District Magistrate, Darbhanga.

¶30

Under the aforesaid circumstances, it is directed that if any appeal is filed by the petitioner before the District Magistrate, Darbhanga, against the order of the District Programme Officer, Darbhanga, within a period of two weeks from today, the same shall be disposed off after

¶31

giving a hearing to the petitioner and other stakeholders/necessary parties, without at all being influenced by the present order, within a further period of four weeks thereafter.

¶32

Patna High Court CWJC No.3987 of 2019 dt.07-05-2019 4/4

¶33

With the aforesaid observation/direction, the

¶34

writ petition stands disposed off.

¶35

(Ashutosh Kumar, J)

¶36

Praveen-II/-

¶37

AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	08.05.2019
Transmission Date	N/A

Usha Devi v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Usha Devi v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Narendra Sharma Vs The State Of Bihar and Ors.

Ravindra Kumar and Ors. Vs The State Of Bihar and Ors.

Amrendra Kumar and Anr. Vs The State Of Bihar and Ors.

Yogendra Mandal Vs The State Of Bihar and Ors.

Rama Nand Sah Vs The State Of Bihar

Sri Krishna Saw Vs The State Of Bihar and Ors.