The_petitioner's_appeal_against_her_selection_cancellation_remaining_pending_since_2012_was_addressed_by_directing_respondent_1_to_forward_it_to_the_Divisional_Commissioner_under_the_2019_Guidelines.
Direction to Respondent No 1 to forward the petitioner's appeal to the Divisional Commissioner, Tirhut Range, Muzaffarpur within two weeks.
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 3912 of 2020
======================================================
Manju Devi Wife of Sri Upendra Rai, resident of Village- Kodaria Khas, P.O. and P.S.- Paroo, District- Muzaffarpur.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr Manoj Kumar, Advocate For the Respondent/s : Mr S K Mandal, SC III Mr Bipin Kumar, AC to SC III ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL ORDER
2 21-09-2022
Petitioner’s counsel is permitted to implead Divisional Commissioner, Tirhut Division, Muzaffarpur as Respondent No 5, during course of the day.
Heard learned counsel for the petitioner and the learned State Counsel.
Petitioner’s appeal against the order passed by the Child Development Project Officer cancelling her selection has been pending since 2012. The said fact is not in dispute. It is also not in dispute that this writ petition has been filed before this Court in the year, 2020 raising the pendency of appeal since
Patna High Court CWJC No.3912 of 2020(2) dt.21-09-2022 2/2
2012 and that in between, the Anganwari Sevika/Sahayika Guidelines, 2019 have come into force wherein the final appellate authority has been prescribed as the Divisional Commissioner.
In view of the undisputed facts, taken note of above, this writ petition is disposed of with a direction to Respondent No 1 to forward the petitioner’s appeal to the Divisional Commissioner, Tirhut Range, Muzaffapur within two weeks from the date of receipt/production of a copy of this order whereafter the Divisional Commissioner, Tirhut Division, Muzaffarpur shall be obliged to consider the same in accordance with law and dispose it of by a reasoned and speaking order within eight weeks thereafter.
Writ petition is disposed of, with above directions.
(Madhuresh Prasad, J)
M.E.H. /-
U
2 issues framed by the court
Whether the pending appeal against the order cancelling the petitioner's selection should be forwarded to the prescribed appellate authority under the 2019 Guidelines.
Whether the writ petition should be disposed of with directions to forward the appeal to the Divisional Commissioner.
1 provisions across 1 enactments
Manju Devi
The State of Bihar through the District Magistrate cum Collector, Muzaffarpur
The District Programme Officer, Muzaffarpur
The Child Development Project Officer, Paroo, Muzaffarpur
Bhagya Narayan Sahni
The Divisional Commissioner, Tirhut Range, Muzaffarpur
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
