High Court Patna High Court - Orders

Rajwanti Kumari vs The State Of Bihar & Ors on 27 September, 2011

Patna High Court – Orders
Rajwanti Kumari vs The State Of Bihar & Ors on 27 September, 2011
                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