Petitioner challenged an order dismissing her appeal under ICDS due to repeated non-appearance despite adjournments. The court held that the petitioner choosing not to participate precludes judicial interference. The writ petition was dismissed as devoid of merit.
Writ petition dismissed. No selection of Angan Bari Sevika determined by this court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No 6717 of 2015
======================================================
Sima Kumari wife of Sunil Kumar Yadav Resident of Village- Rahimpur Madhya, P.S.- Khagaria, District- Khagaria.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== For the Petitioner/s : Mr Sanjeev Kumar, Advocate For the Respondent/s : Mr Ram Shankar Prasad, GP XIV ======================================================
CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 29-01-2019
Heard learned counsel for the petitioner and the respondent-State.
2 Petitioner has challenged the order of the Divisional Commissioner, Munger dated 27.12.2014. It is submitted by the learned counsel that the petitioner’s Service Appeal No 26 of 2013 has been rejected by the Commissioner without going into the merits of the same. The learned counsel for the petitioner has submitted that non-consideration of the appeal on merit and rejecting the same by an unreasoned and unconsidered order dated 27.12.2014 is illegal.
3 The respondents have appeared in this matter and filed a counter affidavit. From the counter affidavit, it is apparent
that after filing the appeal, the same was dismissed for want of prosecution as the petitioner did not participate in the proceeding. On 22.02.2014, the same was restored. After 22.02.2014, the Commissioner adjourned the matter to enable the petitioner to appear on 15.11.2014, 06.12.2014 and 27.12.2014. On all the dates, the petitioner/appellant was absent. Accordingly, the Commissioner has rejected the appeal of the petitioner due to nonappearance of the petitioner repeatedly as is stated in the counter affidavit.
4 The said facts have not been denied or disputed as there is no rejoinder or reply to the counter affidavit. This Court would observe that if the petitioner, having filed the appeal, has chosen not to participate in the appeal, there is no occasion for this Court to interfere with the order dated 27.12.2014. The developments in between rejection of appeal on 27.12.2014 and today have not been placed on record by the learned counsel for the petitioner in relation to the selection of Angan Bari Sevika for the Center in question.
5 Writ petition is devoid of merit and the same is
dismissed.
(Madhuresh Prasad, J)
M.E.H. /-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 30.01.2019 |
| Transmission Date | NA |
3 issues framed by the court
Whether the writ court can interfere when the underlying appeal was rejected due to the petitioner's repeated non-appearance despite adjournments granted.
Whether the rejection of the unreasoned appeal by the Divisional Commissioner due to non-participation is maintainable in a writ petition.
Whether the petitioner has established any cause for interference in the selection of Angan Bari Sevika given the absence of records.
Sima Kumari
The State Of Bihar
The Director, Integrated Child Development Scheme
The Divisional Commissioner, Munger Division
The District Magistrate, Khagaria
Jyoti Devi
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
