HEMLATA KUMARI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This civil review is directed against the judgment and order dated 19.11.2016 passed by this Court in C.W.J.C.No.7213 of 2015 whereby this Court in consideration of the grievance raised by the private respondent herein, who was the writ petitioner before this Court and taking note of the fact that the termination of the petitioner from the post of Anganbari Sevika Centre No. 235 village Amaha Latraha in the district of Supaul was on grounds of absence for a single day which issue, stood concluded in the decision reported in 2011(3)PLJR 140 (Poonam Kumari versus The State of Bihar), allowed the writ petition. While allowing the writ petition this Court also recorded the submission of learned counsel for the petitioner that no third party rights had been created in the meanwhile.

(2.) The present review application is founded on this submission made by learned counsel for the writ petitioner as according to Mr. Subodh Kumar Jha, learned counsel appearing for the review petitioner, this submission is incorrect because the review petitioner had been appointed as back as on 11.09.2013 vide Annexure-3 to the review application and thus the writ petition having been filed two years thereafter, it was wholly incorrect on the part of the writ petitioner to make an incorrect submission before this Court which has denied an opportunity of hearing to the review petitioner at the stage of writ proceedings.

(3.) It is taking note of such submission of Mr. Jha appearing for the review petitioner that notice was issued to the writ petitioner who was arraigned as respondent no.10. It is after service of notice that the writ petitioner has registered appearance through Mr. Pramod Mishra who has submitted that the writ petitioner had no information about the appointment of the review petitioner and hence the submission before this Court.