Kanchan Kumari @ Kanchan Devi vs The State Of Bihar
2022 Latest Caselaw 2911 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.9071 of 2020
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Kanchan Kumari @ Kanchan Devi, Wife of MithiWife of Mithilesh Modi, resident of village - Laxmipur Bhagwat, Ward No. 16, P.S. - Srinagar Block- Kumarkhand, Dstrict- Madhepura.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Social Welfare, Govt. of Bihar, Patna.

2. The Director, I.C.D.S., Department of Social Welfare, Government of Bihar, Patna

3. The Divisional Commissioner, Koshi Division, Saharsa.

4. The District Collector-cum-District Magistrate, Madhepura.

5. The District Programme Officer, I.C.D.S., Madhepura

6. The Child Development Project Officer (C.D.P.O.) Kumar Khand, District-

Madhepura.

7. Kalpana Kumari Wife of Adesh Kumar Yadav resident of village - Laxmipur Bhagwati, Ward No. 16, P.S. - Srinagar, Block- Kumarkhand, District- Madhepura.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate Mr. V.K. Mukul, Advocate For the State : Mr. Asit Kumar Jha, AC to GP 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 18-05-2022 Heard learned counsel for respective parties.

In the instant petition, petitioner has prayed for the

following reliefs:-

"(i) A certiorari setting aside the order dated 22.01.2020 passed in Anganwari Appeal Case No. 35/2018 by the court of learned Collector, Madhepura, whereby and where-under the learned lower Appellate Court has in a very casual, mechanical, arbitrary and illegal manner rejected the appeal filed Patna High Court CWJC No.9071 of 2020 dt.18-05-2022

on behalf of the petitioner against the illegal order of Respondent District Programme Officer, I.C.D.S., Madhepura dated 25.10.2018 passed in Anganwari Case No. 06/2018, affirming the illegal order without application of its independent judicial mind.

(ii) A further certiorari setting aside the illegal, suspicious and dishonest order passed by the Respondent District Programme Officer, Madhepura dated 25.10.2018 in Anganwari Case No. 06/2018, whereby and whereunder he has has in a very suspicious and dishonest manner, affirmed the illegal selection of Private Respondent on the post of Anganwari Sevika of Anganwari Centre of Gram Panchayat-Laxmipur Bhagwati, Ward No. 16, Block-Kumarkhand, District- Madhepura, despite the fact that the petitioner has higher merit points than the Private Respondent No. 7 namely Kalpana Kumari as well as ignoring the earlier order dated 31.03.2018 passed by the Ex-Collector, Madhepura, who remanded back the matter before him after rejecting this earlier order dated 10.11.2016 for passing a fresh order after considering all the material facts properly.

(iii) A Mandamus commanding and directing the Respondents concerned to appoint the petitioner as Anganwari Seviak at Centre in question removing the Private Respondent as she has illegally been selected ignoring the valid claim of the petitioner.

(iv) And/or any other relief or reliefs for which the petitioner is found Patna High Court CWJC No.9071 of 2020 dt.18-05-2022

entitled to in the facts and circumstances of this case."

On 18.04.2022, the following order was passed:-

"Heard learned counsel for the parties.

4th Respondent - The District Collector-cum-District Magistrate, Madhepura is hereby directed appear with all records so as to ascertain who has given finding that the petitioner's certificate for the post of Anganwari Sevika was a forged document. Further whether petitioner was provided opportunity before declaring her certificate as a forged one or not?

Re-list this case on 06.05.2022. Copy of this order shall be given to the State counsel."

Mr. Shyam Bihari Meena, District Collector-cum-

District Magistrate, Madhepura is present. After perusal of the

records he has submitted that petitioner has not been provided an

opportunity. That apart, there is no concrete finding that the

petitioner had furnished forged document. Therefore, petitioner

has made out a prima facie case. The impugned orders dated

22.01.2020 (Annexure-2) and 25.10.2018 (Annexure-1) are set

aside. Monetary benefits shall be calculated from the date of

termination till reinstatement and disbursed within one month from

today. Accordingly, the present petition stands allowed.

Patna High Court CWJC No.9071 of 2020 dt.18-05-2022

The competent authority is hereby directed to proceed

further in accordance with law. In order to find out whether

petitioner's documents are forged or not domestic inquiry be

conducted and after giving ample opportunity of hearing to the

petitioner at every stage. Thereafter take necessary steps either to

continue the petitioner's services or to terminate. The above

exercise shall be completed within a period of three months from

the date of receipt of this order.

Personal appearance of District Magistrate, Madhepura

is dispensed with. I.A. No. 01 of 2022 stands disposed off.

(P. B. Bajanthri, J) Vikash/-

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