Rambabu Ram vs The State Of Bihar & Ors.

Heard learned Counsel for the petitioner and learned Counsel for the State.

Learned Counsel for the petitioner submits that the present writ petition has been filed for issuance of an appropriate writ/writs and order/orders in the nature of certiorari for quashing the office order contained in letter bearing Memo No. 776 East Champaran dated 25.03.2022, issued under the signature of District Programme Officer, P.M. Poshan Scheme, East Champaran (Annexure-4), by which the service of the petitioner from the post of Block Resources Service, Patahi, has been terminated without following any procedure of law and without giving sufficient and reasonable opportunity of being heard by way of punishment and further for issuance of writ in the nature of mandamus for directing and commanding the respondents to continue the petitioner on the said post and not disturb the service of the petitioner on the said post.

Learned Counsel for the petitioner submits that in the present case the order contained in Memo No. 776 East Champaran dated 25.03.2022 is absolutely forged and fabricated letter. He submits that District Programme Officer has put his signature on 25.08.2022 but Memo No. is 25.03.2022 which is not possible.

Learned counsel for the State, on the other hand, submits that the petitioner has challenged this order directly before this Hon’ble Court without preferring the appeal.

This Court after hearing the parties is of the opinion that the order passed by District Programme Officer is challengeable and liberty is available to the petitioner to challenge the same before the District Magistrate, East Champaran, Motihari. Accordingly, this writ petition is disposed off directing the petitioner to avail the remedy of appeal within 30 days from today. The delay, if any, in challenging the said order impugned passed by the District Programme officer is directed to be condoned.