SANDHYA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The present writ petition has been filed with the following relief/s:-

(3.) Learned counsel for the petitioner submits that the petitioner was posted Panchayat Rojgar Sewika, Gram Panchayat Mauzi Harisingh, Block- Garhpura, District- Begusarai. During her work period, she came in conflict with the respondent no.7 who was posted as Programme Officer (MNREGA), Block- Garhpura, District- Begusarai. Counsel submits that the dispute between the petitioner and the respondent no.7 has arisen on 7/7/2010. Subsequently, the alleged dispute occurred between the petitioner and the respondent no.7 resulted into a criminal case lodged against the petitioner bearing Garhpura P.S. Case No. 25 of 2022 dtd. 11/3/2022 in which, the petitioner went into custody and remained in custody till 14/7/2022, when she was granted bail by this Hon'ble Court. Counsel further submits that the services of the petitioner has been guided by Letter No. 196 dtd. 25/3/2022 (Annexure-P/11) issued by the Bihar Rural Development Society (BRDS), Government of Bihar, framed for Bihar Rural Development Society, under which, the provision of conduction of departmental proceeding has been indicated in Clause-3 of the said letter. According to which, for departmental proceeding, show cause has to be issued and upon receiving the show cause following the principles of natural justice, order of punishment has to be imposed. Counsel submits that there is a provision of appeal before the Appellate Authority as well as provision of revision before the Revisional/Reviewing Authority. Counsel submits that the petitioner went into custody on 12/3/2022 and thereafter, granted bail by the Co-ordinate Bench of this Court on 14/7/2022.