IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.10173 of 2010
ANJU KUMARI, W/O BIJAY PRASAD SINGH, R/O
VILLAGE-PARSA, P.S.-BISFI, DISTRICT-
MADHUBANI. ..................PETITIONER.
Versus
1. THE STATE OF BIHAR THROUGH THE CHIEF
SECRETARY, GOVERNMENT OF BIHAR, PATNA.
2. THE DISTRICT MAGISTRATE, MADHUBANI.
3. THE DISTRICT PROGRAMME OFFICER, MADHUBANI.
4. THE CHILD DEVELOPMENT PROJECT OFFICER,
MADHUBANI. ..................RESPONDENTS.
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2 25.02.2011 A supplementary affidavit has been
filed by the petitioner enclosing an order of
the Commissioner dated 17.08.2010 by which
the revision of the petitioner has been
dismissed as not maintainable.
From the new Guidelines dated
14.06.2010, issued under the signature of
Principal Secretary of the Department, it
appears that, under paragraph 8, a specific
provision has been made for a revision before
the Divisional Commissioner against the order
of the Collector passed in the appeal. The
revision has to be filed within 30 days and
the Divisional Commissioner, after hearing
the parties, has to dispose of the same by a
reasoned order within 60 days thereafter.
Therefore, apparently, when the Commissioner
rejected the revision of the petitioner by
order dated 17.08.2010, on the ground that
2
the same was not maintainable, he had the
power to entertain the revision under this
new Guidelines.
Therefore, the order of the
Commissioner dated 17.08.2010 is set aside
and he is directed to restore the revision of
the petitioner, consider the same on merits,
hear the parties and decide the same
positively within the time frame fix in the
Guidelines for deciding such revision.
The writ application is disposed of
with the aforesaid observations and
directions.
If any appointment is made during the
pendency of the revision of the petitioner,
the same shall be subject to the final result
of the revision.
Arvind/ ( J. N. Singh, J.)