Ranju Kumari vs The State Of Bihar And Ors
2023 Latest Caselaw 162 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.1722 of 2018
                                           In
                    Civil Writ Jurisdiction Case No.829 of 2015
     ======================================================

Ranju Kumari, W/o Sri Satish Kumar, Anganwari Sewika, Centre No. 27, Prathmik Vidyalaya, Chakdiwan, Sheikhpura, R/o Mohalla- Chakdiwan, P.O & P.S.- Sheikhpura, District- Sheikhpura ... ... Appellant/s Versus

1. The State Of Bihar through the Commissioner, Munger.

2. The Divisional Commissioners, Munger.

3. The District Magistrate, Sheikhpura

4. District Programme Officer, Sheikhpura, District- Sheikhpura ... ... Respondent/s

====================================================== Appearance :

For the Appellant/s : Mr.Bal Bhushan Choudhary, Advocate For the Respondent/s : Mr.Gyan Prakash Ojha- GA7

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ARUN KUMAR JHA)

Date : 12-01-2023

In the LPA paper, inadvertently name of the appellant

has been shown as Ranju Devi at some of the pages, therefore,

the appellant is hereby directed to rectify the same by

incorporating the appellant's name as Ranju Kumari during the

course of the day.

2. Heard learned counsel for the appellant and learned

counsel for the State.

3. The present L.P.A. is directed against the order dated

02.04.2018 passed in CWJC No. 829 of 2015 by the learned Patna High Court L.P.A No.1722 of 2018 dt.12-01-2023

Single Judge of this Court whereby and whereunder the civil writ

petition filed by the appellant has been dismissed.

4. Brief facts of the case is that on the allegation that the

appellant, being the Anganwari Sevika, was not running the Centre

at the notified place, i.e., Primary School, Chakdiwan and she was

running the Centre in the temple of a private person and for some

other allegations, an explanation letter was issued to the appellant

on 19.12.2011 and subsequently, a reminder was issused on

16.01.2012. In her reply dated 17.01.2012, the appellant admitted

the same but has tried to explain that since there was insufficient

space at the notified place, i.e., within the Primary School,

Chakdiwan, she was compelled to run the Centre from the temple

and as soon as she finds a proper place, she would shift the Centre.

Thereafter, on the said allegation, the appellant has been removed

as Anganwari Sevika from Centre No. 27 of Nagar Parishad,

Sheikhpur vide order contained in Memo No. 101 dated

13.02.2012 passed by the District Programme Officer, Sheikhpura.

The appellant being aggrieved by the order dated 13.02.2012 filed

Misc. Case No. 06 of 2012-13 before the Collector, Sheikhpura,

which was dismissed vide order dated 28.06.2012 passed by the

Collector, Sheikhpura. Thereafter, the appellant preferred revision

bearing Revision No. 46 of 2012 before the Divisional

Commissioner, Munger and the Divisional Commissioner vide Patna High Court L.P.A No.1722 of 2018 dt.12-01-2023

order dated 10.12.2014 dismissed the appeal and upheld the order

of the Collector.

5. Feeling aggrieved and dissatisfied with the order

dated 10.12.2014 of the Divisional Commissioner, Munger and

order passed by the appellate authority and the order of the District

Programme Officer dated 13.02.2012 by which the petitioner's

selection as Anganwari Sevika for the said Centre has been

cancelled, the petitioner (appellant herein) preferred CWJC

No.829 of 2015. The learned Single Judge, finding no reason to

interfere with the aforesaid orders, dismissed the appellant's writ

petition. Hence, the present L.P.A.

6. The learned counsel for the appellant has submitted

that after submission of explanation and in view of the denial of

the allegation by the appellant, no enquiry, in any form, was

conducted by the District Programme Officer, Sheikhpura nor any

oral or documentary evidence was taken by him either in support

of allegations or against the allegations. The appellant was not

afforded any opportunity of hearing and to adduce evidence in

support of her explanation or in respect of the denial of the

allegations made against her. But the respondent no.4, all of a

sudden and without prior information to the appellant and without

hearing her, passed an ex-parte order on 13.02.2012. The learned

counsel for the appellant has further submitted that there is a Patna High Court L.P.A No.1722 of 2018 dt.12-01-2023

violation of principles of natural justice. The aforesaid material is

suffice to interfere with the order of learned Single Judge and

order of removal from service.

7. Per contra, the learned counsel for the respondents has

submitted that the Anganwari Centre of the appellant was

inspected by the Additional Collector, Sheikhpura on 15.12.2011

and several irregularities were found at the Centre. The appellant

was asked to submit explanation on the point that board was not

displayed on the Centre, there was no management of latrine and

drinking water, only five children were found in uniform, the stock

was not shown on demand, most of the days 60% of the children

were absent, the Centre was running in a temple instead of the

fixed Centre at Primary School, the registers were not available at

the Centre, which contravened the rules. The learned counsel for

the respondents has further submitted that the explanation

submitted by the appellant was not found satisfactory. Having

found the irregularities committed by the appellant at the Centre

and the explanation which was not found satisfactory, the

appellant was terminated from the post of Anganwari Sevika by

the District Programme Officer, Sheikhpura. Hence, the learned

Single Judge, in view of the admitted position that the Anganwari

Centre was not being run at the notified place and was being run in

the temple of a private person, found no reason to interfere with Patna High Court L.P.A No.1722 of 2018 dt.12-01-2023

the impugned orders.

8. Having considered the materials on record, it appears

that on 15.12.2011, Anganwari Centre of the appellant was

inspected by the Additional Collector, Sheikhpura, who submitted

an inquiry report to the District Magistrate, Sheikhpura.

Thereafter, on 19.12.2011, a letter was sent to the appellant

regarding irregularities found at the Centre and she was directed to

run the Centre from a rented house or a government building.

Again on 16.01.2012, an explanation was sought from the

appellant regarding some irregularities and she was directed to

submit an explanation giving reference to the previous letter dated

19.12.2011 within three days, otherwise her selection would be

cancelled. Pursuant to the said letter, the appellant submitted her

explanation on 17.01.2012 stating therein that she was compelled

to run the Centre in the temple due to lack of space in the primary

school and she would shift as soon as she found a proper place for

the same. Again on 20.01.2012, she submitted further explanation

stating therein that she could not submit the required explanation

on time due to untimely death of her father, death of her father-in-

law and after that fracture of her son's leg and she denied the

allegation of irregularities against her. Thereafter, the appellant

was served with an order dated 13.02.2012 regarding termination

of her selection as Anganwari Sevika. Thus, from the chronology Patna High Court L.P.A No.1722 of 2018 dt.12-01-2023

of events, it is clear that within a span of two months, the Centre

of the appellant was inspected, she was asked for explanation, a

reminder was sent and without considering her explanation, she

was terminated from the service.

9. It is not in dispute that the appellant had been removed

from the post of Anganwari Sevika based on certain allegations

and no opportunity of hearing was afforded to her after the

appellant had submitted her show cause. The respondent no.4, all

of a sudden without prior information to the appellant and without

hearing, passed an ex-parte order behind her back on 13.02.2012.

In other words, there is a clear violation of principles of natural

justice. The aforesaid material is suffice to interfere with the order

of learned Single Judge and order of the authority for removal of

the appellant from service.

10. Moreover, recently the Apex Court in the case of

Deepak Ananda Patil vs The State Of Maharashtra & others

reported in 2023 Live Law (SC) 30 in para 17 has held as

under:

"17. It is a well-established principle of administrative law that an adjudicatory body cannot base its decision on any material unless the person against whom it is sought to be utilized has been apprised of it and given an opportunity to respond to it. Surveying the precedents extensively, MP Jain & SN Jain's treatise on Principles of Administrative Law1 notes that: "If the adjudicatory body is going to Patna High Court L.P.A No.1722 of 2018 dt.12-01-2023

rely on any material, evidence or document for its decision against a party, then the same must be brought to his notice and he be given an opportunity to rebut it or comment thereon. It is regarded as a fundamental principle of natural justice that no material ought to be relied on against a party without giving him an opportunity to respond to the same. The right of being heard may be of little value if the individual is kept in the dark as to the evidence against him and is not given an opportunity to deal with it. The right to know the material on which the authority is going to base its decision is an element of the right to defend oneself. If without disclosing any evidence to the party, the authority takes it into its consideration, and decides the matter against the party, then the decision is vitiated for it amounts to denial of a real and effective opportunity to the party to meet the case against him. The principle can be seen operating in several judicial pronouncements where non-disclosure of materials to the affected party has been held fatal to the validity of the hearing proceedings".

11. The Apex Court in the case of Esteem Properties

Pvt. Ltd. Vs. Chetan Kamble and Others, reported in 2022 (4)

SCALE 284, held that even the administrative orders which are

quasi-judicial must be passed after giving the opportunity to the

concerned person. The principle laid down in this case is aptly

applicable to the case in hand. In paragraph no. 28, the Apex Court

held as under :-

"...This Court has clearly advocated the importance of natural justice and an opportunity of hearing to be afforded to the affected party in any administrative or quasi- Patna High Court L.P.A No.1722 of 2018 dt.12-01-2023

judicial proceedings umpteen number of times ..."

12. In the light of discussion made hereinabove and

under the facts and circumstances of the case, it is clear that the

learned Single Judge erred while upholding the order of removal

of the appellant and hence, the present L.P.A. deserves to be

allowed and is accordingly allowed. The order of learned Single

Judge dated 02.04.2018 passed in CWJC No.829 of 2015, is

quashed and set aside.

13. Consequently, this Court directs the concerned

respondents to reinstate the appellant as Anganwari Sevika of

Ward No. 12 of the Nagar Panchayat, Sheikhpura within a

period of three months from the date of communication of a

copy of this judgment.

(P. B. Bajanthri, J)

( Arun Kumar Jha, J)

V.K.Pandey/-

AFR/NAFR                A.F.R.
CAV DATE                N.A.
Uploading Date          18.01.2023
Transmission Date       N.A.