IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.554 of 2009
Vandana .
Versus
The State Of Bihar & Ors .
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3. 24.06.2011 Heard learned Counsel for the petitioner and the learned
Counsel for the State.
The writ petition was filed on 12.1.2009 questioning an order of
termination from the post of Anganwari Sevika dated 14.11.2008.
Nearly two and half years later counter affidavit is yet to be filed.
However an objection is raised on behalf of the respondents that the
petitioner has a remedy of an appeal before the Divisional
Commissioner.
Had the respondents filed a counter affidavit, the matter may
have been given a quietus today without remanding it to the competent
authority keeping in mind that two and half years have passed. That is
not possible due to laxity of the respondents in refusing to assist the
Court in timely dispensation of justice.
Learned Counsel for the petitioner submits that the CDPO
Lakhisarai did not even give copy of the original order of the District
Magistrate dated 29.10.2008 of dismissal but only communicated it to
her by the impugned order.
Learned Counsel for the State very fairly submits that if the
petitioner has not been furnished copy of the final order of dismissal she
is entitled to the same.
The Court directs that on the date that the petitioner
appears before the District Magistrate along with a copy of the present
order the latter is bound to ensure himself that the order of dismissal
dated 29.10.2008 is handed over to the petitioner within a maximum
period of 72 hours from the time of request.
If the petitioner then files an appeal before the Divisional
Commissioner within a period of 30 days from the date that copy of the
impugned order is made available to her, let the Commissioner
consider the appeal and after hearing all concerned dispose of the
matter by a reasoned and speaking order within a maximum period of
three months from the date of presentation of such memo of appeal.
The writ application stands disposed.
Snkumar/- (Navin Sinha,J.)