Pabitra Nath vs The State Of Assam And 4 Ors
2023 Latest Caselaw 3274 Gua

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GAHC010018732020




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                        Case No. : WP(C)/822/2020

         PABITRA NATH
         S/O- PUSHPA NATH, R/O- VILL- DHOLAI NAGAR, RUPACHERRA ROAD, P.O-
         RUPACHERRA ROAD, P.O- RUPACHERRA, DIST- HAILAKANDI, ASSAM,
         PIN- 788101



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REP. BY ITS COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPTT,
         GOVT OF ASSAM, DISPUR, GUWAHATI- 06

         2:THE DIRECTOR OF SOCIAL WELFARE
         ASSAM
          UZAN BAZAR
          GHY- 01

         3:DISTRICT SOCIAL WELFARE OFFICER
          HAILAKANDI
          P.O- SILCHAR
          DIST- CACHAR
         ASSAM


         4:THE CHILD DEVELOPMENT PROJECT OFFICER
          KATLICHERRA ICDS PROJECT
          HAILAKANDI
          DIST- HAILAKANDI
         ASSAM

         5:SUKLA ROY
          D/O- KIRAN ROY
          R/O- VILL- DHOLAI NAGAR
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            RUPACHERRA ROAD
            P.O- RUPACHERRA
            DIST- HAILAKANDI
            ASSAM
            PIN



              Advocate for the Petitioner      : Ms. S. Dad Gupta, Advocate

              Advocate for the Respondents : Ms. S. Baruah, Govt. Advocate

BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH Date of Hearing : 23.08.2023

Date of Judgment : 23.08.2023 JUDGMENT AND ORDER (ORAL) The instant writ petition was filed by the petitioner who is the resident of one Anganwadi Centre No.157 under Katlicherra ICDS Project, Hailakandi seeking a direction upon the respondents to ensure opening/functioning of the Anganwadi Centre and to serve food regularly to the enrolled children of the Anganwadi Centre as well as to enquire about the misappropriation by the respondent No.5.

2. This Court had issued notice on 28.02.2022. Vide the said order, this Court further directed the respondent No.3, i.e. the District Social Welfare Officer, Hailakandi as well as the respondent No.4, i.e. the Child Development Project Officer, Katlicherra ICDS Project, Hailakandi to place the relevant enquiry report regarding the allegation lodged by the petitioner against the respondent No.5.

3. Mrs. S. Baruah, the learned counsel appearing on behalf of the respondent Nos.1, 2, 3 & 4 has placed before this Court an enquiry report submitted by the Supervisor, Sector No.10, Katlicherra ICDS Project, Hailakandi to the Child Development Project Officer wherein it has been mentioned that she met the guardians of the children and the beneficiaries who were available during the enquiry and AWC Managing Committee and Public Representative (A.P. Member) of the locality and enquired about the performance Page No.# 3/3

of the respondent No.5. During the enquiry, it was found that the respondent No.5 was performing her duties, role and responsibilities as Anganwadi Worker very sincerely and fairly after her engagement to till date. It was also found that there was no complaint against her functioning as Anganwadi Worker and all the available guardians of children and local public and also the Anchalik Panchayat (A.P. Member) of that area were satisfied with the work of the respondent No.5. Certain photographs have also been enclosed to the said enquiry report showing that the guardians of the children along with the wife of the petitioner were receiving benefits allotted by the Government. It was further mentioned that one Swapan Kumar Das had filed the complaint earlier before the Deputy Commissioner, Hailakandi against the respondent No.5 and in respect of that complaint, the concerned AWCMC and the local Public had submitted a petition before the CDPO, Katlicherra ICDS Project that the said Swapan Kumar Das falsely filed the complaint against the respondent No.5 and also AWCMC stated in their petition that Swapan Kr. Das always disturbs and threatens the respondent No.5. It was also mentioned in the report that the said Swapan Kumar Das along with the petitioner are collusively filing complaint against the respondent No.5 due to previous enmity.

4. Taking into account the said report, this Court finds no reason for issuance of a writ in the instant case for which the instant writ petition stands dismissed.

5. The report so submitted by Mrs. S. Baruah is kept on record and marked with the letter "X".

6. The petitioner would be at liberty to take certified copies of the documents marked with the letter "X".

JUDGE

Comparing Assistant