Patna High Court
Sangeeta Devi @ Sangeeta KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
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
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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
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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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