Patna High Court
Asha DeviversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The writ petition is disposed of as withdrawn.
Summary
Asha Devi filed a writ petition seeking a certiorari to quash two orders dated 03-09-2012 and 29-03-2016 that disengaged her from the position of Aganbari Sevika. The petitioner argued that the orders were illegal and sought relief from the High Court. During the hearing, counsel for the petitioner requested permission to withdraw the writ petition in order to pursue an alternative remedy before the Divisional Commissioner. The Court considered the request and the procedural propriety of allowing a withdrawal at that stage. The Court granted the liberty to withdraw and disposed of the writ petition as withdrawn.
Issues considered
- Whether the High Court can entertain a writ of certiorari to quash the disengagement orders.
- Whether the petitioner may withdraw the writ petition after filing and seek relief through an alternative administrative forum.
Subjects
- writ of certiorari
- withdrawal of petition
- public service employment
- administrative order
- high court procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5270 of 2017
======================================================
Asha Devi Wife of Arvind Kumar, Resident of Village Ibrahimpur, P.S.
Desarit, District- Vaishali.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. District Collector, Vaishali.
3. District Programme Officer, Vaishali.
4. Child Development Officer, Sahdei Bujurg, Dist.- Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhakar Singh, Advocate
For the Respondent/s : Mrs. Kumari Amrita- GP3
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 06-02-2026 1. The petitioner has filed the instant application for
the following reliefs:
“1. That this application for issuance of
appropriate writ / writs in the nature of
certiorari for quashing of the orders dated 03-
09-2012 and 29-03-2016 passed by Respondent
Nos 3 & 2 vide memo no 2077 & Aganbari
Appeal No R-146/2012-13 respectively by which
the petitioners engagement as Aganbari Sevika
was disengaged, is directed in the following facts
and circumstances of the case.”
2. It is submitted by learned counsel for the petitioner
that he may be permitted to withdraw the application to pursue
the alternate remedy available to the petitioner by moving
before the Divisional Commissioner for the relief prayed for in
Patna High Court CWJC No.5270 of 2017(5) dt.06-02-2026
2/2
the instant application.
3. This application is disposed of as withdrawn with
the aforesaid liberty.
(Partha Sarthy, J)
Bibhash
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