Anita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8672 of 2019 ====================================================== Anita Devi Wife of Sri Upendra ram Resident of Deokulia, Post OfficeDepkulia, Police Station-Phenhara,District-East Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Principal Secretary, Social Welfare Department , Bihar Patna 3.
The Commissioner, Tirhut Division, Muzaffarpur, Bihar. 4.
The District Magistrate, East Champaran, Bihar. 5.
The District Program Officer, I.C.D.S., East Champaran, Bihar. 6.
The Child Development Project Officer, Phenhara Block East Champaran, Bihar.
7.
The Lady Supervisor, Phenhara, East Champaran. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Adv.
For the State :
Mr. Prashant Pratap (GP-2) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned counsel for the State.
2. The present writ petition has been filed for setting aside the Appellate order dated 16.11.2018 passed by the District Magistrate, East Champaran, Bihar in Anganwadi Case No.34/15 (annexed as Annexure-5) as well as the order dated 05.07.2014 passed by the District Program Officer, I.C.D.S., East Champaran, Bihar in Anganwadi Case No.177/14-15 contained in Memo No.1079 dated 10.07.2014 (annexed as Annexure-3) by which the services of the petitioner on the post
Patna High Court CWJC No.8672 of 2019(3) dt.04-09-2024 2/3 of Anganwadi Sahayika was terminated.
3. Learned counsel for the petitioner submits that from the orders passed by the DPO, East Champaran, Bihar as well as the order passed by the District Magistrate, East Champaran, Bihar, it become crystal clear that the deficiency has been found from the side of the Sevika and the work of Sahayika is completely dependable upon the Sevika. Since, Sevika was not present and it is due to this reason, it is impossible for Sahayika to complete the work. Counsel submits that the petitioner has no role in opening of the Anganwadi kendra or distribution of Take Home Ration (THR).
4. Learned counsel for the State on the other hand submits that it has been accepted by the petitioner herself that the only mistake done on her part is that even in the absence of Sevika, she has not communicated anything in written to the officials. Counsel further submits that this matter has already been duly stated in the order sheet that the petitioner has not work according to her responsibility by way of not communicating to the officials about the absence of Sevika. And as such, for a considerable period of time, center was closed.
5. In the light of the submissions made, this Court upon going through the orders passed by the DPO, East
Patna High Court CWJC No.8672 of 2019(3) dt.04-09-2024 3/3 Champaran, Bihar (annexed as Annexure-3) as well as the order passed by the District Magistrate, East Champaran, Bihar (annexed as Annexure-5), it transpires that the center could not be opened for months and months and due to which, action has been taken by the officials.
6. In this view of the matter, there is not a single document on the basis of which petitioner is in a position to show that she ever communicated to the officials about nonappearance of the Sevika, rather, she completely enjoy the same position. Therefore, this Court is not inclined to interfere in the order passed by the DPO, East Champaran, Bihar and the order passed by the District Magistrate, East Champaran, Bihar and hence, the present writ petition stands dismissed. (Dr. Anshuman, J) Divyansh/- U