Meena Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14058 of 2014 ====================================================== Meena Kumari wife of Sri Dharmendra Singh resident of village - Sahnuara, P.S. Pandarak in the District of Patna ... ... Petitioner

Versus

1.

The State Of Bihar through Principal Secretary, Social Welfare Department, Govt. of Bihar Patna 2.

The Divisional Commissioner, Patna Division, Patna 3.

The Director, I.C.D.S., Bihar, Patna 4.

The District Programme Officer, Patna 5.

The District Magistrate, Patna 6.

The C.D.P.O., Pandarak, Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Respondent/s :

Mr. Rakesh Kumar Srivastava, AC to GP 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-08-2019 Heard learned Counsel for the petitioner and the learned Counsel for the respondent State.

The petitioner was Anganwari Sevika at Center No. 38 Purbi Tola, Shanaura at Pandarak in the district of Barh. Petitioner's selection has been cancelled on account of certain irregularities which were observed on 22.9.2012, 23.9.2012 and on account of non preparation of Khichri on 29.9.2012 at the center in question.

The petitioner is an agent of the government disseminating welfare measures under the scheme. She is not a government servant and therefore cannot claim protection as a

Patna High Court CWJC No.14058 of 2014(3) dt.06-08-2019 2/3 government servant.

Having regard to the social circumstances, which are integral to dissemination of welfare measures at the village level the mitigating circumstances raised by the petitioner regarding death of her father on 22.9.2012 based on death certificate was required to be considered by the appellate authority when the matter was remanded pursuant to the order passed on the earlier writ petition of the petitioner bearing CWJC No. 326 of 2014. The order, however, shows total non consideration of the said fact. The appellate authority has found the petitioner to be liable for dereliction without even considering the death certificate submitted by the petitioner and the fact that the legal customs prevented the petitioner from preparing Khichri on the date alleged, the order has been passed by the appellate authority.

The matter was required to be considered in the light of mitigating circumstances which the petitioner has raised. In the circumstances, on account of such infirmity the order dated 21.5.2014 issued by the Deputy Director, Welfare, Patna Division, Patna is quashed.

Patna High Court CWJC No.14058 of 2014(3) dt.06-08-2019 3/3 order in accordance with law by assigning reasons. The order should be passed after due notice and opportunity of hearing to the new incumbent, if someone else has been selected as Sevika for the center in question in the meantime. Let claim of the petitioner be considered expeditiously and without undue delay. The writ petition stands allowed to the aforesaid extent.

(Madhuresh Prasad, J) SNkumar/- U