Patna High CourtCWJC/8620/2014allowed

Anjum Ara v. The State Of Bihar And ORS

2017-08-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8620 of 2014 ======================================================

1. Anjum Ara Wife of Md. Mohebullah Resident of Village- Bairiya, P.SKesariya, District- East Champaran ( Motihari) .... .... Petitioner/s

Versus

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

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

3. The Assistant Director, I.C.D.S. Bihar, Patna.

4. The District Magistrate, East Champaran, Motihari.

5. The District Program Officer, East Champaran, Motihari.

6. The Block Development Officer, Kesariya, District- East Champaran, Motihari.

7. The Child Development Program Officer, Kesariya, District- East Champaran, Motihari .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha For the Respondent/s : Mr. Harish Kumar, GP 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-08-2017 Heard both sides.

The petitioner seeks quashing of the order dated 28.05.2012, issued under the signature of District Programme Officer, East Champaran, Motihari (Annexure-3) by which the selection of the petitioner from the post of Anganwari Sevika has been cancelled.

The learned counsel for the petitioner submits that other Anganwari Sevika and Sahaika, whose services have also been terminated on the order of the Director, I.C.D.S., preferred

Patna High Court CWJC No.8620 of 2014 (2) dt.04-08-2017 2/2 CWJC No. 10445 of 2013. This court vide order dated 30.07.2013 quashed the order of termination and cancellation of selection of petitioners of the aforesaid writ petition. The case of petitioner stands on the same footing as the selection of the petitioner has been cancelled by the District Programme Officer on the direction of Director, I.C.D.S. The order itself shows that the show cause filed by the petitioner has not at all been considered. Considering the facts aforesaid and the fact that the District Programme Officer did not at all consider the show cause of the petitioner, the impugned order dated 28.05.2012 passed by the District Programme Officer, East Champaran at Motihari in Case No. 13/2012-13 (Annexure-3) is set aside. This writ petition is, accordingly, allowed.

(Prabhat Kumar Jha, J) BKS/- U