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Patna High Court

Ragini KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ application is dismissed as not pressed because the petitioner has withdrawn her request for relief.

Summary

The petitioner, Ragini Kumari, filed a writ petition seeking to quash a 5 December 2019 order that cancelled her selection as Anganwadi Sevika for Ward No. 11, Gram Panchayat Bankatwa, on the ground that she was not given any notice or opportunity of hearing and that the order ignored earlier communications and affidavits. She alleged violation of principles of natural justice and requested a fresh advertisement for the post. During the hearing, counsel for the petitioner informed the court that she no longer wished to pursue the writ application. Consequently, the court disposed of the petition as not pressed, without addressing the substantive merits of the alleged procedural irregularities.

Issues considered

  • Whether the cancellation of the petitioner’s selection as Anganwadi Sevika without notice and hearing violates principles of natural justice.
  • Whether the writ petition should be entertained when the petitioner withdraws her request for relief.

Subjects

  • Writ petition
  • Administrative law
  • Natural justice
  • Anganwadi Sevika selection
  • Withdrawal of petition
  • Cancellation of appointment

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.685 of 2022
                 ======================================================
                 Ragini Kumari W/o Bablu Kumar Singh, Resident of Village - Bari Pakhai,
                 P.O. - Maijirwa, P.S. - Lakhora, District - East Champaran, Motihari.

                                                                    ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Principal Secretary, Social Welfare
                 Department, Govt. of Bihar, Patna.
           2.    The Principle Secretary, Social Welfare Department, Govt. of Bihar, Patna.
           3.    The Director, Integrated Child Development Scheme, Department of Social
                 Welfare, Govt. of Bihar at Patna.
           4.    The District Magistrate, District - East Champaran at Motihari.
           5.    The Senior Deputy Collector, District Legal Cell, East Champaran at
                 Motihari.
           6.    The District Programme Officer, District - East Champaran at Motihari.
           7.    The Child Development Project Officer, Bankatwa, East Champaran.
           8.    The Supervisor, Child Development Project, Bankatwa, District - East
                 Champaran.
           9.    The Gram Panchayat Raj, through its Secretary, Bankatwa, District - East
                 Champaran, Motihari.
           10. Usha Kumari, Wife of Ramnath Kumar Paswan, Resident of Village - Bara
               Pakahi, P.O. - Majirwa, P.S. - Lakhaura, District - East Champaran,
               Motihari.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shantanu Kumar, Advocate
                 For the Respondent/s     :      Smt. Kumari Amrita, GP3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   10-04-2026                   1. The petitioner has filed the instant application for

                   the following reliefs:

                                        “1. That this writ application is being filed for
                                        issuance of appropriate writ / order / direction
                                        for quashing the order dated 05.12.2019, issued
                                        under pen and signature of District Programme
                                        Officer vide memo no. 4079 Dated 05.12.2019,
                                        whereby the selection of the petitioner on the
            Patna High Court CWJC No.685 of 2022(4) dt.10-04-2026
                                                        2/2




                                       post of Anganbadi Sevika at Ward No. 11, Gram
                                       Panchayat Bankatwa, East Champaran has been
                                       cancelled and it has also been ordered to issue
                                       fresh advertisement for the same post.
                                           The order impugned has been passed
                                       without Giving any single notice/ opportunity of
                                       hearing to the petitioner and also ignoring all
                                       the letters/ their own reports earlier sent to the
                                       authorities and also against the affidavit filed
                                       before Patna High Court by the answering
                                       respondents themselves and also without
                                       assigning any reason to controvert their on
                                       findings earlier, for the reasons best known to
                                       them.
                                                            Copy of order dated
                                                            05.12.2019, issued under
                                                            pen and signature of District
                                                            Programme Officer vide
                                                            memo no. 4079 Dated
                                                            05.12.2019     is   annexed
                                                            herewith and marked as
                                                            Annexure-1 to this Writ
                                                            application.”
                                   2. Learned counsel for the petitioner submits that the

                      petitioner does not want to pursue the instant writ application

                      and as such the same may be disposed of as not pressed.

                                  3. In view of the above, the application is disposed of

                      as not pressed.


                                                  (Partha Sarthy, J)

Bibhash/-

U


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