IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.3408 of 2008
Kumari Rekha Bharti, wife of Sri Man Singh, village Kumhrar Pakar, PS Sakra, District
Muzaffarpur - Petitioner.
Vs.
1) The State of Bihar through the Secretary, Social Welfare Department, Bihar, Patna.
2) Directorate of ICDS, Social Welfare Department, Bihar, Patna.
3) The Dist. Magistrate, Muzaffarpur.
4) District Programme Officer, Muzaffarpur.
5) Child Development Project Officer, Sakra, Muzaffarpur.
6) Child Development Project Officer, Dholi (Muraul), Muzaffarpur - Respondents.
4 18.4.2011
I.A. No. 5225 of 2008:
This interlocutory application has been filed by Vimal
Bharti for being added as respondent in this case.
The intervention petition is allowed for the reason that
she is a necessary party as she would be affected by any order
passed in this writ petition.
The case of the respondent intervenor is that she has
higher marks and, therefore, has been selected to the post of
Aanganbari Sevika after cancellation of petitioner’s engagement
by the District Programme Officer vide order, dated 9.1.2008
contained in Annexure 8.
Counsel appearing on behalf of the petitioner relies on
a judgment in the case of Prabha Kumari Devi vs. State of Bihar,
2010 (1) PLJR 374 wherein a Division Bench of this court has
held that the District Programme Officer does not have the power
to pass any order of termination.
Given the facts aforesaid, the District Magistrate,
Samastipur is directed to hear the petitioner and the intervenor
respondent, on receipt of a copy of this order, within a period of
2
four weeks. During the interregnum period the service of the
intervenor respondent shall not be disturbed.
I accordingly quash the order contained in Annexure 8
and dispose of this application with the aforesaid direction.
haque ( Sheema Ali Khan, J.)