IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11492 of 2011
Rajwanti Kumari Sri Durga Pd. Singh Dhawai, P.O. Dawth,
P.S. Suryapura, Distt. Rohtas-------------------Petitioner
Versus
1. The State Of Bihar through the Principal Secretary cum
Commissioner Social Welfare Deptt. Govt. Of Bihar Main
Secretariat, Patna
2. Director Social Welfare Deptt. Govt. Of Bihar Main
Secretariat, Patna
3. District Program Officer Social Welfare Department Govt.
Of Bihar Collectoriate, Rohtas, Sasaram
4. Child Development Program Officer, Suryapura---- -----------
------------------------------------------------Respondents
----------------------------------
3 27.9.2011 Heard learned counsel for the parties.
CDPO, Suryapura in the district of Rohtas is present in
person in the background of the earlier order passed by this Court.
Counter affidavit has been filed today which gives the brief
background in the manner in which the selection of the petitioner
came to be made in the so called Aam Sabha which gave a cause for
the petitioner or a right of being sent for training as urged. This writ
petition was filed for such direction.
After having perused the so called resolution of Aam
Sabha contained in annexure-1 as well as the statement made in the
counter affidavit filed on behalf of the CDPO it is not a case where
selection of petitioner can be said to be above board and without
controversy.
There is element to show that Sita Devi who stood at
serial no.1 was not selected or appointed and the Mukhiya of the
Gram Panchayat decided to accommodate the present petitioner even
though she stood at serial no.2 on some spacious ground.
An enquiry seems to have been made at the level of
2
S.D.O. and it is on the finding now a direction has been issued by
CDPO, Rohtas to appoint Sita Devi by virtue of the letter dated
14.7.2011.
If this is the position where the dispute stands today, then
there may not be an occasion for this Court to give direction to the
respondents to send the petitioner for training now. Petitioner will
have to now assail the order of appointment of Sita Devi for which
she has remedy under the law.
Writ petition is dismissed with liberty as above.
Personal appearance of CDPO is hereby dispensed with.
(Ajay Kumar Tripathi, J.)
RPS