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Patna High CourtCWJC/15479/2014disposed

Urmila Devi v. The State Of Bihar And ORS

2016-02-11Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15479 of 2014 =========================================================== Urmila Devi, wife of Nathuni Singh, Resident of village- Diliya, P.S. Chouri (Sahar), District- Bhojpur .... .... Petitioner

Versus

1. The State of Bihar, through it's Secretary/Director of Welfare State of Bihar, Patna

2. The Deputy Director of Welfare, Patna Division, Patna

3. The Collector, Bhojpur, Arrah

4. The District Programme Officer, Bhojpur

5. The Child Development Project Officer, Agiaon, Bhojpur .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Md. Ataul Haque For the Respondent/s : Mr. DINBANDHU SINGH =========================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL JUDGMENT Date: 11-02-2016 Heard learned counsel for the petitioner and the respondents.

The petitioner is Anganwari Sahaika of Centre No. 80 of Dilia Modha Madhya Bhag centre. She has been dismissed from service on the ground that the inspecting team found her absent from the duty. The appeal preferred against the order of dismissal too was rejected.

The State opposes the relief prayed for by the petitioner and supports the impugned order.

Having regard to the facts that this is the first offence of the petitioner, the punishment of dismissal seems to be too harsh and

Patna High Court CWJC No.15479 of 2014 dt.11-02-2016 2 / 2 excessive and the same should be substituted by any other punishment.

It goes without saying that if the petitioner is again found absent from duty, appropriate steps would be taken against her. The petitioner would not be entitled for salary for the period she was out of duty.

With the aforesaid observation, this application stands disposed of.

(Samarendra Pratap Singh, J.) Uday/- U