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
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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The application is dismissed as withdrawn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.)