High Court Patna High Court - Orders

Kumari Sangita Rani vs The State Of Bihar &Amp; Ors on 15 November, 2010

Patna High Court – Orders
Kumari Sangita Rani vs The State Of Bihar &Amp; Ors on 15 November, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CWJC No.5082 of 2010
         1. KUMARI SANGITA RANI W/O ASHOK KUMAR @ LAL BAHADUR
         SHASTRI R/O VILLAGE - HAIBATPUR TOLE- DANIYALPUR MAGHA
         , P.S - KHUSRUPUR, P.O - BHOJPUR VIA KHUSRUPUR , DISTRICT
         - PATNA
                               Versus
         1. THE STATE OF BIHAR
         2. THE DIRECTOR, I.C.D.C. (INTEGRATED CHILD DEVELOPMENT
         SERVICES) DIRECTORATE, INDRA BHAWAN, BORING CANAL
         ROAD, PATNA
         3. THE COMMISSIONER PATNA DIVISION ,PATNA
         4. THE DISTRICT MAGISTRATE, PATNA DISTRICT , PATNA
         5. THE DISTRICT PROGRAM OFFICER, PATNA DISTRICT , PATNA
         6. THE SUB DIVISIONAL OFFICER , PATNA CITY , DISTRICT -
         PATNA
         7. THE CHILD DEVELOPMENT PROJECT OFFICER (C.D.P.O.)
         KHUSRUPUR, PATNA DISTRICT , PATNA
                                       -----------

2. 15.11.2010 Learned counsel for the State rightly points

out that the impugned order terminating the service

of the petitioner for dereliction of duty as Aganwari

Sewika dated 12.10.2009, does not come within the

purview of the Division Bench order dated 16.2.2010

in L.P.A. No. 863 of 2009 reported in 2010(2) PLJR

374. The petitioner therefore has a remedy of appeal

before the District Magistrate.

Leave is sought to withdraw the application

to prefer an appeal before the District Magistrate.

Only if the petitioner files such appeal or has already

so filed and supplements the same if so advised

within 30 days from today, let the District Magistrate

consider and decide the same in accordance with

law, by a reasoned and speaking order, without
2

going into issues of limitation, after hearing all

concerned preferably within a maximum period of

three months from the date of receipt/production of

a copy of this order.

The application is dismissed as withdrawn

with the liberty as aforesaid.

P. Kumar                                       (Navin Sinha, J.)