LAWS(PAT)-2018-11-83

PUNAM KUMARI @ PUNAM DEVI Vs. STATE OF BIHAR

Decided On November 19, 2018
Punam Kumari @ Punam Devi Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

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

(2.) In this case, the petitioner is challenging the order dtd. 16/5/2018 passed by the District Magistrate, Buxar, in Appeal No.17 of 2018, whereby and whereunder he has decided the appeal in favour of Asha Kumari, respondent no.6.

(3.) The short facts of this case are that an advertisement was published for the selection of Anganbari Sevika for centre no.140 and Asha Kumari, respondent no.6, was selected and started working, but later on, she was terminated from the post of Anganbari Sevika, which was challenged in Miscellaneous Appeal No.105 of 2012 and the appeal was decided by the Deputy Director, Welfare, Patna Division, Patna, thereby the appeal was rejected. Against that order, the petitioner approached this Court in C.W.J.C. No.19389 of 2013 and I myself has passed the judgment and order dtd. 14/12/217, whereby quashed the order of the Deputy Director and remanded back the matter to the District Magistrate, Buxar, having held that the Deputy Director, Welfare, Patna Division, Patna, does not have a jurisdiction to decide the appeal whereas the Collector is authorized to hear and decide the appeal. In pursuance thereof, the District Magistrate, Buxar, decided the case in favour of Asha Kumari, respondent no.6, and directed her to join the post of Anganbari Sevika and accordingly, she has been reinstated as on today.