Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.6696 of 2012 ====================================================== Kiran Kumari @ Kiran Devi W/O Shri Navin Kumar Mishra Resident Of Village- Narargoth, Police Station- Kaluahi, District- Madhubani. .... .... Petitioner/s Versus 1. The State Of Bihar, Through The Director, ICDS, Bihar, Patna, Namely, Sri Praveen Kishore, IInd Floor, Indira Bhawan, Ram Charitra Singh Path, Patna-800001. 2. Smt. Vandana Kinni, Presently Posted As Commissioner, Darbhanga Division, Darbhanga. 3. Sri Lokesh Kumar Singh, Presently Posted As The Collector, Madhubani. 4. Sri Ashwani Kumar Sinha, Presently Posted As District Programme Officer, Madhubani. 5. Smt. Renu Kumari, Presently Posted As C.D.P.O. Khajauli, District- Madhubani. 6. Smt. Rekha Devi W/O Shri Vinay Krishna Yadav @ Mahesh Yadav, Presently Working As Mukhiya, Gram Panchayat, Narar East, Police Station- Kaluahi, District- Madhubani. 7. Munmun Kumari W/O Sri Ganesh Sah Resident Of Village- Nargoth, P.S- Kaluahi, District- Madhubani. .... .... Respondent/s ====================================================== with Civil Review No.54 of 2013 IN Civil Writ Jurisdiction Case No. 13394 of 2012 ====================================================== 1. The State Of Bihar through the Principal Secretary, Social Welfare Department, Govt. Of Bihar, Patna 2. The Director, Social Welfare Department, Govt. Of Bihar, Patna .... .... Petitioner/s Versus 1. Kiran Kumari W/O Navin Kumar Mishra R/O Village - Narangoth, P.S. Kaluahi, District - Madhubani 2. The Commissioner, Darbhanga Division, Darbhanga 3. The Collector, Madhubani 4. The District Programme Officer, Madhubani 5. The Child Development Project Officer, Khajauli, Madhubani 6. The Mukhiya, Gram Panchayat, Narar East, Madhubani 7. Munmun Kumari W/O Ganesh Sah R/O Village - Nrangoth, P.S. Kaluahi, Distt. - Madhubani .... .... Respondent/s ====================================================== Appearance : (In MJC No.6696 of 2012)
Legal Reasoning
Patna High Court MJC No.6696 of 2012 (3) dt.14-02-2013 Page 2 /5
Legal Reasoning
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate. For the Respondent/s : Mr. Gyan Shankar, AC to GP-6 (In C. REV. No.54 of 2013) For the Petitioner/s : Mr. Tej Bahadur Singh, AAG-7 For the Respondent/s : Mr. Ranjeet Kumar Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 14-02-2013 Heard learned counsel for the petitioner of MJC No. 6696 of 2012 and Mr. Tej Bahadur Singh, AAG-7 appearing in support of Civil Review No. 54 of 2013. Let it be recorded that petitioner of MJC No. 6696 of 2012 is respondent in Civil Review no. 54 of 2013. In the contempt application a grievance has been raised that the order dated 14.09.2012 passed on the writ petition preferred by her being CWJC No. 13394 of 2012 has not been carried out by the concerned opposite parties. The order dated 14.09.2012 reads thus:- the learned “Upon hearing counsel for the parties, this writ petition is disposed of with a direction that petitioner may file appeal before the Director, ICDS, Bihar Patna, which shall be decided by him the date of within one month receipt/production of a certified copy of this order.” from Civil Review no. 54 of 2013 has been filed seeking review of the order dated 14.09.2012 passed in CWJC No. 13394 of 2012. It has been stated that under the relevant guidelines Patna High Court MJC No.6696 of 2012 (3) dt.14-02-2013 Page 3 /5 governing the case of the petitioner appeal, if any, aggrieved by the order of the Collector has to be preferred before the Divisional Commissioner. Background facts may be noticed to appreciate the stand taken in Civil Review No. 54 of 2013. The bone of contention is the post of „Anganbari Sewika‟. Respondent no.7 of CWJC No. 13394 of 2012 was initially engaged on the said post. She was later terminated and at her place the writ petitioner (Kiran Kumari) was engaged. Aggrieved thereby respondent no.7 approached the Collector of the District. Said order was affirmed by the Collector. Aggrieved thereby the respondent no.7 of the said writ petition filed an appeal before the Divisional Commissioner. The Divisional Commissioner stayed the order of the Collector dated 05.07.2009 and remanded the matter back to the Collector to pass a fresh order after affording an opportunity
Decision
of hearing to both the writ petitioners and the respondent no.7. The Collector, in the light of the said order, afforded opportunity to the parties and passed a fresh order whereby the engagement of respondent no.7 on the said post was upheld. Aggrieved thereby the writ petitioner filed the writ petition being CWJC No. 13394 of 2012 in which the order extracted hereinabove was passed. Mr. Tej Bahadur Singh, learned counsel, submits Patna High Court MJC No.6696 of 2012 (3) dt.14-02-2013 Page 4 /5 that under the relevant guidelines governing the case of the parties and in the light of the attending facts, appeal, if any, could have been filed before the Divisional Commissioner. He, therefore, submits that the order passed on the writ petition dated 14.09.2012 be modified to the extent that appeal, if any, is required to be filed before the Divisional Commissioner who may be directed to consider and dispose of the same in accordance with law. Learned counsel for the writ petitioner, who is petitioner of MJC No. 6696 of 2012 in the light of the aforesaid facts, fairly states that the appeal aggrieved by the order of the Collector passed on remand, should have been filed before the Divisional Commissioner. Accordingly, the Civil Review application filed by the State vide Civil Review No. 54 of 2013 is allowed. The order dated 14.09.2012 passed in CWJC No. 13394 of 2012 is modified to the extent that the appeal to be preferred by the writ petitioner shall be decided by the Divisional Commissioner, Darbhanga Division in accordance with law. The petitioner, in view of the order passed hereinabove modifying the order dated 14.09.12 passed in CWJC No. 13394 of 2012, is permitted to file an appeal questioning the sustainability/legality of the order passed by the Patna High Court MJC No.6696 of 2012 (3) dt.14-02-2013 Page 5 /5 respondent Collector before the Divisional Commissioner, Darbhanga Division within 04 ( four) weeks whereafter the said authority shall consider and dispose of the same in accordance with law as quickly as possible preferably within 02 months therefrom. of. The contempt application is, accordingly, disposed (Kishore Kumar Mandal, J) Shyam/-