Kusum Devi vs State Of U.P. And Others
2011 Latest Caselaw 5480 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 62111 of 2011
 

 
Petitioner :- Kusum Devi
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Brijesh Yadav
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

The petitioner is challenging the order dated 23.8.2011 by which the petitioner's appointment on the post of Aaganwadi Karyakatri has been cancelled on the ground that the petitioner's appointment was based on forged High School Certificate. It is stated in the order that the petitioner has been issued a show cause notice but no reply has been filed.

Learned counsel for the petitioner submitted that the petitioner has been issued a show cause notice dated 8.4.2011 which has been replied by reply dated 20.5.2011 and thereafter the Bal Vikas Pariyojna Adhikari, Handia, Allahabad has wrote a letter dated 6.6.2011 asking the petitioner to produce all the original records. Therefore, the filing of reply is admitted. The petitioner has further asked information under the Right to Information Act which has been replied vide letter dated 17.6.2011 in which it has been stated that the documents relating to the appointment of the petitioner are not available at present.

The submission of the learned counsel for the petitioner has substance which requires consideration.

Learned Standing Counsel is directed to seek instruction and produce the record of the case on 8.11.2011 to show that how and in which manner the certificate filed by the petitioner has been got verified from the competent authority to arrive at a conclusion that the educational certificates are forged.

Put up on 8.11.2011 as fresh.

Till the next date of listing, the operation of the order dated 23.8.2011, Annexure-7 to the writ petition, shall remain stayed.

Order Date :- 1.11.2011

OP