HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10127/2021
Chaturbhuj Yaduvanshi Son Of Shri Kundan Lal, Aged About 57
Years, R/o 62, Jawahar Nagar, Mungaska, Near Rani Sati Mandir,
Alwar District Alwar Rajasthan
----Petitioner
Versus
The State Of Rajasthan, Through Commissioner Cum Secretary,
Child Welfare Department, 20/198, Kaweri Path, Sector-2,
Mansarovar Jaipur.
----Respondent
For Petitioner(s) : Mr. Rajeev Kumar Sogarwal For Respondent(s) : Mr. C.L. Saini, AAG HON'BLE MR. JUSTICE INDERJEET SINGH Order 02/01/2023 This writ petition has been filed by the petitioner with the following prayer:-
"It is therefore, prayed that this Hon'ble Court may kindly be pleased to admit and allow the writ petition and:-
1. Issue an appropriate writ, order or direction in the nature thereof & thereby quashed and set aside the order dated 16.08.2021 passed by the respondent and the respondent may kindly be further directed to reinstate the petitioner on the post of chairman, Child Welfare Committee Alwar.
Any other order or directions which this Hon'ble court deems fit and proper may kindly be passed in the favour of the Petitioners."
Brief facts of the case are that the petitioner was appointed as Chairman of Child Welfare Committee, Alwar under the provisions of Juvenile Justice (Care and Protection of the Children) (Downloaded on 06/01/2023 at 10:04:30 PM) (2 of 3) [CW-10127/2021] Act, 2015 hereinafter to be referred as Act of 2015 by the State Government vide notification dated 11.03.2020, thereafter, the petitioner was given a show cause notice dated 28.06.2021 by the respondents and the petitioner filed reply to the said show cause notice, thereafter, the respondents vide order dated 16.08.2021 removed the petitioner from the post of Chairman/President of Child Welfare Committee, Alwar, hence, this writ petition has been filed by the petitioner challenging the order dated 16.08.2021.
Counsel for the petitioner submitted that the respondents have passed the order to remove the petitioner from the post of Chiarman/President Child Welfare Committee in violation of the provision of Section 27(7) of the Act of 2015. Counsel further submits that the order dated 6.08.2021 has been passed without holding an inquiry as provided under Section 27(7) of the Act of 2015.
In support of his contention, counsel relied upon the judgment passed by the Bombay High Court in the matter of Smt. Anita Sadanand Vipat Vs. The State of Maharashtra (Civil Writ Petition No.11080/2017).
Mr. C.L. Saini, AAG submits that prior to issuing the order dated 16.08.2021, the show cause notice was duly served upon the petitioner and prayed for dismissal of the writ petition.
Heard counsel for the parties and perused the record. This writ petition filed by the petitioner deserves to be allowed for the reasons; firstly, prior to passing of the order dated 16.08.2021, the respondents have failed to appoint the Inquiry Committee; secondly, as per Section 27(7) of the Act of 2015, prior to removal of any Member of the Committee, the State Government is under obligation to hold an inquiry, the State (Downloaded on 06/01/2023 at 10:04:30 PM) (3 of 3) [CW-10127/2021] Government can terminate the appointment of a Member after making an inquiry; and admittedly in the present case, no Inquiry Committee was appointed by the State Government prior to removal of the petitioner from the post of Chairman Child Welfare Committee; and lastly in view of the judgment passed by the Bombay High Court in the matter of Smt. Anita Sadanand Vipat (supra), this writ petition deserves to be allowed.
Accordingly, this writ petition stands allowed and the order dated 16.08.2021 (Annexure-4) passed by the respondents is set aside. The respondents are directed to make compliance of this order within a period of one month. The respondents are at liberty to take action against the petitioner in accordance with the provisions of Act of 2015 if they so desire.
(INDERJEET SINGH),J JYOTI /137 (Downloaded on 06/01/2023 at 10:04:30 PM) Powered by TCPDF (www.tcpdf.org)