On Thursday, in the case of Smt. Leela Devi versus State of Himachal Pradesh and others, comprising of Justice Dharam Chand Chaudhary, and Justice Vivek Singh Thakur, orders for a new and fresh appointment for the Anganwadi Worker/Helper.
FACTS:
The petitioner and the candidate from the respondent side were selected for the interview where the petitioner was appointed as the helper, for which the respondent challenged stating the income certificate not genuine of the other party. The inquiry was conducted by Tehsildar. Chapter 28 of Himanchal Pradesh Land records is the authority to issue the income tax certificate (stating if any information is given wrong then the authority can cancel the certificate by issuing a speaking order.)
ISSUE:
The issue of the case was that the same scheme framed for the appointment of Anwanwari helper/workers were under challenge.
JUDGMENT:
The main key line of the judgment can be said as the respondents-State were directed to complete the selection process of Anganwadi helper /worker and to be initiated afresh within two months.
The impugned order to not bar petitioner or any other private respondent for applying afresh to post subject if they fulfill the eligibility criteria. As per chapter 28 stated in facts, the course of the inquiry the information supplied by an applicant for issuance of the certificate is held wrong.
Thus the court held that the appropriate course available in the matter of cancellation of the income certificates was to have held inquiry by the issuing authority i.e. the Assistant Collector Ist Grade, Shillai into the authenticity and genuineness thereof and in the event of the information having been supplied by the petitioner and private respondent found to be incorrect, to have canceled the same by affording them the opportunity of being heard. The right to appeal was though maintainable.
There was no illegality in the impugned order as learned Appellate authority has quashed the selection process and also the appointment of the petitioner as Anganwari Helper and ordered to initiate the process afresh in which the petitioner and private respondent, if eligible, will also participate.
The judgement has been delivered by Justice Dharam Chand Chaudhary, and Justice Vivek Singh Thakur on 21-05-2020.
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Pic Courtsey: National Skill India Mission
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