Kundani Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 8019 of 2015 ====================================================== Kundani Devi, Wife of Late Shiv Narayan Singh, Resident of Village - Mahmadpur, PO - Jagatpur, PS - Dhoraiya, District -Banka ... ... Petitioner/s

Versus

1 The State Of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna 2 The Divisional Commissioner, Bhagalpur 3 The District Magistrate, Banka 4 The District Programme Officer, Banka 5 The Child Development Project Officer (CDPO), Dhoraiya, District - Banka ... ... Respondent/s For the Petitioner/s :

M/s Dhirendra Nath Jha, Chandra Shekhar Sharma, Advocates For the S t a t e :

Mr. Ranjan Kumar, AC to GA XII CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 17-07-2019 Heard learned counsel for the petitioner and the respondent-State.

2 Writ petition has been filed as the petitioner, who was working as Angan Bari Sevika, has been removed by the order passed by the District Programme Officer on 24.01.2012. petitioner has also assailed the order passed by the Collector, Banka rejecting her appeal. The order of the Collector is dated 12.06.2013. Petitioner had preferred a revision before the Commissioner. On account of her non-appearance, the petitioner's

Patna High Court CWJC No.8019 of 2015 dt.17-07-2019 2/3 appeal/revision has been rejected by the Commissioner. Learned counsel for the petitioner submits that only due to absence of a single day, i e 03.12.2011, the petitioner has been visited with the extreme punishment of cancellation of her selection. 3 Order of the Collector reveals that petitions were being given regularly alleging absence of the petitioner. It is pursuant to such large scale allegations from the beneficiary area that the inspection was done on 03.12.2011 wherein, admittedly, the Center was closed. Neither the petitioner nor the Sahayika was present. The inspection dated 03.12.2011 was to confirm the allegations of continued absence and irregular running for some period before the inspection. The conduct of the petitioner, therefore, has been found to be such so as to frustrate the welfare measures for which the Angan Bari Center was established. Pursuant to the orders cancelling the petitioner's selection, by now, whether selection process have been conducted afresh or not is also unknown.

4 Be that as it may, the order of the Authorities is only in furtherance of public interest and for proper implementation of the social benefit scheme under the Integrated Child Development Scheme and after due opportunity to the petitioner.

Patna High Court CWJC No.8019 of 2015 dt.17-07-2019 3/3 5 Orders do not require any interference. Writ petition is dismissed.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.07.2019 Transmission Date NA