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Patna High Court

Sangeeta Devi @ Sangeeta KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that, in the interest of justice, it is appropriate to direct the appellate authority to decide the pending appeal within a reasonable time.

Summary

The petitioner, Sangeeta Devi, filed a writ petition seeking certiorari and mandamus to set aside a 10‑June‑2022 office order (Memo No‑406) issued by the Child Development Project Officer that terminated her employment as Aanganbari Sahayika. She also asked that the order be treated as continuous service from 2020 and that the pending appeal before the District Programme Officer be decided promptly. The respondents did not contest the prayer and agreed to the petitioner's request. The Court, noting that the appeal was still pending, exercised its jurisdiction to direct the appellate authority to decide the appeal within six weeks, after giving the petitioner a hearing and a reasoned order. Accordingly, the writ application was disposed of on the terms of directing the appellate authority to dispose of the pending appeal.

Issues considered

  • Whether a High Court can issue a writ of certiorari or mandamus to set aside an administrative order pending before an appellate authority
  • Whether the Court can direct the appellate authority to decide a pending appeal within a specified time

Subjects

  • writ jurisdiction
  • certiorari
  • mandamus
  • administrative law
  • pending appeal
  • Aanganbari Sahayika
  • social welfare
  • procedural fairness

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.262 of 2026
                 ======================================================
                 Sangeeta Devi @ Sangeeta Kumari Wife of Pawan Kumar Das, resident of
                 village-Sadanandpur Baisa, P.O.-Akbarpur, P.S.-Kahalgaon, District-
                 Bhagalpur, Bihar.

                                                                      ... ... Petitioner/s
                                               Versus
           1.    The State of Bihar through the Secretary, Social Welfare Department,
                 Government of Bihar, Patna.
           2.    The Director, the Integrated Child Development Service Directorate, Social
                 Welfare Department, Govt. of Bihar, Patna.
           3.    The Director ICDS, Patna.
           4.    The District Magistrate, District-Bhagalpur.
           5.    The District Programme Branch, District-Bhagalpur.
           6.    The Child Development Project Officer, Block-Kahalgaon, District-
                 Bhagalpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :           Mr. Jitendra Kumar Giri
                 For the Respondent/s   :           Mr. Ramadhar Singh, G.P.-25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   02-02-2026                 The petitioner has filed this writ application for

                   following relief/s:-

                                                           (I) For issuance of a writ in the
                                            nature of “Certiorari” and “Mandamus”
                                            whereby setting aside the office order dated
                                            10.06.2022 vide Memo No- 406 issued and
                                            signed      under     the   signature     of        Child
                                            development project officer (CDPO) and
                                            whereunder commanding and directing the
                                            state     respondents       hereinabove        to     re-
                                            engage/reinstate the aforesaid petitioner on
                                            the     post     of   Aaganbari       Sahayika        for
Patna High Court CWJC No.262 of 2026(2) dt.02-02-2026
                                            2/3




                                  Aanganbari Centre-319, P.S.- Kahalgaon,
                                  District- Bhagalpur falling within Panchayat
                                  Sadanandpur Ward no.- 05, P.S.- Kahalgaon.
                                  And further prayer herein to command and
                                  direct the state respondents hereinabove for
                                  treating     the      service   of   the   aforesaid
                                  petitioner on the post of Aangan Bari
                                  Sahayika without any breakage of same
                                  since the year 2020 when she was engaged
                                  as Aangan Bari Sahayika up to now.
                      2. It is submitted by the learned counsel for the

          petitioner, at bar, that the order, which is impugned herein,

          passed by the the Child Development Programme Officer,

          Kahalgaon, Bhagalpur as contained in Memo No. 406 dated

          10.06.2022 has been challenged before the Appellate Authority

          i.e. District Programme Officer, Bhagalpur, which also forms

          part of this writ application as Annexure-P/3, but the same has

          not yet been decided by the appellate authority. He further

          confines his prayer to the extent that the appeal filed by the

          petitioner may be directed to be decided and disposed of within

          a reasonable time.

                      3. Learned counsel for the respondents acceded to the

          submission advanced by the learned counsel for the petitioner.

                      4. Taking note of the aforesaid submission advanced

          by the learned counsel for the parties and the fact that the appeal
           Patna High Court CWJC No.262 of 2026(2) dt.02-02-2026
                                                       3/3




                     against the impugned order is pending consideration before the

                     appellate authority i.e. District Programme Officer, Bhagalpur,

                     in the interest of justice, this Court finds it fit and proper to

                     dispose of this writ application by directing the appellate

                     authority to decide the pending appeal of the petitioner, in

                     accordance with law, after affording ample opportunity of

                     hearing to the petitioner by passing a reasoned and speaking

                     order, preferably, within a period of six weeks from the date of

                     receipt of a copy of this order after affording ample opportunity

                     of hearing to the petitioner.

                                 5. Accordingly, the writ application stands disposed of

                     on the aforesaid terms.



                                               (Praveen Kumar, J)
shivam/-
U


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