HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 60362 of 2011 Petitioner :- Gyanti Chauhan Respondent :- State Of U.P. And Others Petitioner Counsel :- Jai Prakash Prasad,Suneel Kumar Respondent Counsel :- C.S.C. Hon'ble Rajes Kumar,J.
The contention of the petitioner is that she has been appointed as an Aaganwadi Karyakatri. Smt. Guddan Devi filed representation/complaint challenging the appointment of the petitioner on the ground that her appointment is based on the fictitious marksheet. Smt. Guddan Devi filed Civil Misc. Writ Petition No. 28635 of 2011 which has been disposed of vide order dated 17.5.2011 with the direction to the District Magistrate, Ghazipur to dispose of the representation of the petitioner after making necessary inquiry. Vide order dated 8.6.2011 in pursuance of the aforesaid writ petition, the petitioner's services have been dispensed with, which is impugned in the present writ petition. The petitioner has also annexed the copy of the letter issued by the Bal Vikas Pariyojna Adhikari Barachavar, Ghazipur dated 7.7.2011 by which the petitioner has been asked to appear before the District Magistrate in pursuance of the order of this Court. He submitted that before making any inquiry and giving opportunity of hearing to the petitioner, the impugned order dated 8.6.2011 has been passed.
The submission of the learned counsel for the petitioner has substance.
It is shocking to see that despite the direction given by this Court in Civil Misc. Writ Petition No. 28635 of 2011 to decide the representation of the petitioner after giving opportunity of hearing and there is no order for terminating the services of the petitioner, the services of the petitioner have been terminated by the impugned order dated 8.6.2011.
Learned Standing Counsel is directed to seek instruction that under which circumstances the Bal Vikas Pariyojna Adhikari Barachavar, Ghazipur has passed the impugned order dated 8.6.2011 and for passing such illegal order why action against him may not be recommended.
Put up day after tomorrow i.e. on 20.10.2011 as fresh.
Certified copy of this order be provided to the learned Standing Counsel today.
Order Date :- 18.10.2011 OP