Research › Search › Judgment

Patna High Court · body

2014 DIGILAW 1242 (PAT)

Chandrakanti Devi v. State of Bihar

2014-12-16

BIRENDRA PRASAD VERMA

body2014
Order Heard the parties. 2. The petitioner is aggrieved by the order dated 02.04.2013 (Annexure-4) passed by the respondent District Magistrate, Nalanda at Biharsharif, whereby the Misc. Appeal No.04 of 2013 filed by the petitioner has been mechanically and arbitrarily rejected. 3. The learned counsel appearing on behalf of the petitioner submits that the petitioner, being aggrieved by the order dated 27.11.2012 passed by the respondent District Programme Officer, Nalanda, had preferred the aforesaid Misc. Appeal No.04 of 2013 before the respondent District Magistrate, Nalanda at Biharsharif on 13.12.2012. Thereafter, the respondent District Magistrate did not draw a proceeding of appeal and instead on 02.04.2013 in a most mechanical and cavalier manner rejected the aforesaid appeal on the ground of absence of the petitioner. According to the learned counsel, neither any date of hearing of the appeal was fixed nor the petitioner was given any notice about fixing of the date rather on the memo of appeal itself filed on behalf of the petitioner the order of rejection was passed. 4. Though, a counter affidavit has been filed on behalf of the respondent no.4 to 6, but the statements made on behalf of the petitioner, as noticed above, have not been controverted by the respondents. 5. Ex-facie, the action of the respondent District Magistrate, Nalanda at Biharsharif is most arbitrary and cannot be sustained in law. In a democratic country like ours the District Magistrate, Nalanda at Biharsharif cannot be permitted to act in such a mechanical and cavalier manner. He is not above the law. If someone is aggrieved by some order passed by some authority, then he/she is entitled to challenge that particular order before the appellate authority/higher authority as per the procedure prescribed under the law. 6. In the present proceeding, matter relates to cancellation of selection of the petitioner on the post of Anganwari Sevika. If she was aggrieved by the order passed by the respondent District Programme Officer, then she was entitled to file an appeal, as per the guidelines of the State Government. Evidently, the petitioner filed such an appeal before the District Magistrate, Nalanda at Biharisharif against the order of the District Programme Officer, Nalanda. If she was aggrieved by the order passed by the respondent District Programme Officer, then she was entitled to file an appeal, as per the guidelines of the State Government. Evidently, the petitioner filed such an appeal before the District Magistrate, Nalanda at Biharisharif against the order of the District Programme Officer, Nalanda. Once such an appeal was filed, then the proceeding was required to be drawn up on the ordersheet by the respondent District Magistrate and a date was required to be fixed for hearing of such an appeal and only thereafter on the date fixed he could have passed an appropriate order. But, without following all these procedures, he has mechanically and arbitrarily rejected the appeal of the petitioner by the impugned order dated 02.04.2013, which cannot be sustained in law. In fact, this cavalier approach of the then District Magistrate, Nalanda at Biharsharif is fit to be deprecated in strongest terms, and he is warned to be careful in future. 7. For the reasons recorded above, the impugned order dated 02.04.2013 passed in Misc.Appeal No.04 of 2013 by the respondent District Magistrate, Nalanda at Biharsharif is hereby set aside and the matter is remitted back to the respondent District Magistrate, Nalanda at Biharsharif with a direction to consider and decide the appeal of the petitioner strictly in accordance with law at an early date preferably within a period of three months from the date of receipt/production of a copy of this order by giving an opportunity of hearing to all concerned including the petitioner and the respondents besides others. 8. The writ petition stands allowed with the observations and directions made above.