LAWS(PAT)-2019-9-4

ANITA KUMARI Vs. MIKKI MINAKSHI

Decided On September 06, 2019
ANITA KUMARI Appellant
V/S
Mikki Minakshi Respondents

JUDGEMENT

(1.) Heard the counsel for the parties. Re. I.A. No. 1 of 2019 : For the reasons stated in the aforesaid interlocutory application, we condoned the delay in preferring the appeal. Re. L.P.A. No. 197 of 2019 : The challenge in the present appeal is to the order dated 20.08.2018 passed by a learned Single Judge of this Court in C.W.J.C. No. 4773 of 2015; as also the order dated 31.10.2018 passed in Civil Review No. 393 of 2018 refusing to interfere or review the earlier order dated 20.08.2018.

(2.) The petitioner had challenged the order of the Deputy Director, Welfare, Munger Division, whereby the order passed by the District Programme Officer, Khagaria dated 22.09.2014 in Case No. 99 of 2013 was set-aside and a direction had been issued sustaining the selection of private respondent No. 8 as Anganbari Sevika of the concerned Centre.

(3.) After going through the pleadings and the orders impugned in the present petition, we find that the Deputy Director, Welfare, Munger Division was no authority under the I.C.D.S. scheme to set-aside the order of the District Programme Officer, Khagaria. The forum which ought to have been invoked by the appellant/petitioner was the District Magistrate in appeal, who, under the Rules of 2010 was the second appellate authority under the I.C.D.S. scheme.