Patna High Court
Baby Kumari vs The State Of Bihar on 8 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 4516 of 2020
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Baby Kumari Wife of Pawan Singh, Resident of Village- Sokhodevara, Ward
No. 11, Police Station- Kawakol, District- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Social Welfare Department,
Government of Bihar, Patna.
2. The Director, I.C.D.S., Social Welfare Department, Government of Bihar,
Patna.
3. The Collector -Cum-District Magistrate, Nawada.
4. The District Program Officer, Nawada.
5. The Lady Supervisor, Kawakol, District- Nawada.
6. The Child Development Project Officer, Kawakol Block, District- Nawada.
7. The Ward Member of Ward No. 11, Sokhodevara Panchayat , Police Station-
Kawakol, District- Nawada, Pin code- 805106
8. Usha Kumari, Wife of Jitendra Kumar Singh, Resident of Village-
Sokhodevara Ward No. 01, Police Station- Kawakol, District- Nawada, Pin
code- 805106
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rabindra Kumar Priyadarshi, Advocate
For the Respondent/s : Ms. Kumari Amrita (GP 3)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 08-12-2021
Heard learned counsels for respective parties.
In the instant petition, petitioner has prayed for the
following reliefs:-
"(i) For quashing of part of the
order contained in Memo No.-3 dated
02.01.2020 issued under the Signature of
District Magistrate, Nawada wherein
observation has been made with regard to
selection process of Aanganwadi Sevika at
Center No.-130 and canceled the selection
Patna High Court CWJC No.4516 of 2020 dt.08-12-2021
of this Petitioner and further directed for
afresh selection.
(ii) For issuance of direction
upon the respondent authorities to held the
selection of the Petitioner is a valid one,
treating it after full compliance of the
procedure made by the state authorities.
(iii) For direction upon the
authorities to hand over the charge and
release the salary and other emoluments to
run the center no.- 130.
(iv) For grant of relief/reliefs for
which the petitioner found to be entitled in
the facts and circumstances in this case."
Petitioner was stated to have been appointed to the post
of Annganwadi Sevika at Center No. 130 and her services have
been terminated and she preferred an appeal. The appellate
authority is stated to have confirmed the order of termination,
hence the present petition.
Perusal of the order of termination, it is evident that the
petitioner has not been heard in the matter before her termination
and it is not disputed by the learned counsel for the State. State
counsel has gone through the order of termination and it is not
disputed by him.
In the light of these facts and circumstances one short
ground that termination is without notice to the petitioner.
Termination order is to be set aside. Accordingly, termination order
Patna High Court CWJC No.4516 of 2020 dt.08-12-2021
dated 02.01.2020 (Annexure-8) passed by the appellate authority,
i.e., District Magistrate, Nawada is set aside reserving liberty to
the concerned respondent to initiate appropriate proceedings like
issuance of notice or holding inquiry against petitioner and
proceed to pass appropriate order after due consideration or
petitioner's plea within a period of six months from the date of
receipt of this order.
In the meanwhile, the concerned respondent is hereby
directed to take back the petitioner to the post. Monetary benefits
during the intervening period from the date of termination till
reinstatement shall be calculated and disbursed in favour of the
petitioner within a period of two months from today failing which
the petitioner is entitled to interest @ 6% per annum. The interest
shall be recovered from the concerned official who is liable to
implement the order beyond the time limit stipulated in the present
order.
With the aforesaid observations, the present writ petition
stands disposed off.
(P. B. Bajanthri, J)
Vikash/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date
Transmission Date N/A
