Smt. Kiran Devi vs State Of U.P. And Others
2011 Latest Caselaw 4907 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 56800 of 2011
 

 
Petitioner :- Smt. Kiran Devi
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Kamal Devi Rai
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

The petitioner was appointed as an Aaganwadi Karyakatri on 13.5.2005 and since then she is working. The petitioner has been issued a show cause notice on the vague allegation that she is not performing her duties properly. The petitioner filed a detailed reply and thereafter the impugned order dated 30.8.2011 has been passed by the Bal Vikas Pariyozna Adhikari, Badhapura, Etawah dispensing the petitioner from her service as an Aaganwadi Karyakatri. The several allegations have been made against the present Gram Pradhan and also alleged that the Mukhya Shahayika is not cooperating with the petitioner.

The petitioner has raised a factual dispute which cannot be considered in the writ jurisdiction. The Court is of the view that the District Magistrate is the appropriate authority to decide the grievance of the petitioner after making necessary inquiry.

In view of the above, the writ petition is disposed of directing the petitioner to file a detailed representation before the District Magistrate, Etawah within a period of one week and the District Magistrate, Etawah is directed to pass a speaking order within a period of four weeks after making necessary inquiry. For a period of five weeks or till the disposal of the representation of the petitioner, whichever is earlier, the impugned order dated 30.8.2011 shall be kept in abeyance.

Order Date :- 28.9.2011

OP