IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.1077 of 2010
In
CWJC No. 12911 of 2007
With
I.A. No. 5872 of 2010
================================================
Sanju Kumari, W/o Shri Pramod Kumar, R/o Village Rasalpur,
Mahugain, P.S. Gatehpur, Wazirganj, P.O. Tarwan, District- Gaya.
..................................................... Respondent / Appellant
Versus
1. The State of Bihar through the Secretary, Welfare Department,
Govt. of Bihar, Patna.
2. Director, I.C.D.S. Directorate, Social Welfare Department, Patna.
3. Commissioner, Magadh Division, Gaya.
4. District Magistrate, Gaya.
5. District Programme Officer,Gaya.
6. Children Development Project Officer (C.D.P.O.), Wazirganj,
District- Gaya ............................ Respondents-Respondents
7. Sunita Kumari, W/o Shri Jitendra Kumar, R/o Village Rasalpur
Mahugain, P.S.-Gatehpur, Wazirganj, P.O. Tarwan, District-Gaya
..................................................... Petitioner / Respondent.
================================================
Appearance:
For the appellant: Mr Dr. Pankaj, Advocate.
For the respondents:
Mr Abhay Shanker Singh and
Mr Amit Kumar Misra, Advocates.
===============================================
CORAM: HONOURABLE THE CHIEF JUSTICE
AND
HONOURABLE MR JUSTICE JYOTI SARAN
ORAL ORDER
(Per : HONOURABLE THE CHIEF JUSTICE)
2. 17.09.2010. Re. LPA No. 1077/2010 & I.A. No.5872/2010.
Heard the learned Advocates.
This Appeal preferred under Clause 10 of the
Letters Patent arises from the judgment and order dated
2
06.05.2010 passed by the learned single Judge in the above
CWJC No. 12911 of 2007. Appellant before us is the
respondent no. 7.
Pursuant to the removal of the writ petitioner
Sunita Kumari as Angan Bari Sevika of Village Rasalpur
Mahugain, District Gaya, the appellant was appointed as
Angan Bari Sevika. Removal of the writ petitioner as
Angan Bari Sevika has been set aside by the learned single
Judge on the ground of violation of principle of natural
justice. It is not in dispute that the writ petitioner had not
been given notice to show cause against the proposed
removal. It cannot be gainsaid that the order of removal
dated 22.08.2007 was made in violation of principle of
natural justice. The order of the learned single Judge in
that regard does not warrant interference.
The second issue raised in the present Appeal is
that the direction of the learned single Judge to set aside
Clause 3 (Anga) of the Government Guidelines 2006
issued in respect of appointment of Angan Bari Sevika has
been set aside as violative of Articles 14 and 16 of the
Constitution. The very issue has been raised by the State
Government in Letters Patent Appeal No. 1439 of 2010
arising from the impugned judgment and order dated
06.05.2010. The issue shall be dealt with in the said Letters
Patent Appeal No. 1439 of 2010.
Subject to the decision that may be taken in LPA
No. 1439 of 2010 in respect of validity of Clause 3(Anga)
of the aforesaid Guidelines of 2006, this Appeal is
dismissed in limene.
3
Interlocutory Application No. 5872 of 2010
stands disposed of.
( R.M. Doshit, CJ )
( Jyoti Saran, J )
Dilip