Urmila Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3793 of 2014 ======================================================

1. Urmila Devi Wife Of Indu Bhushan Ram Resident Of Village - Bakhri, Police Station - Kuchaikot, District - Gopalganj .... .... Petitioner/s

Versus

1. The State Of Bihar through Its Principal Secretary, Social Welfare Department, Government of Bihar, Patna

2. The Director, I.C.D.S. Directorate, Social Welfare Department, Government of Bihar, Patna

3. The Deputy Director, Welfare Saran Division, Chapra

4. The District Magistrate, Gopalganj

5. The District Programme Officer, Gopalganj

6. The Child Development Project Officer, Kuchaikot, District - Gopalganj .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Sinha For the Respondent/s : Mr. SC-15 Ajeet Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-07-2017 Heard both sides.

The petitioner filed this writ petition for quashing the order dated 14.11.2012 passed by the District Programme Officer, Gopalganj by which the service of the petitioner on the post of Anganwari Sevika has been cancelled. The petitioner also prayed for quashing the order dated 30.12.2013 passed by the Deputy Director, Welfare, Saran Division, Chapra in Anganwari Appeal No. 17 of 2013 whereby the appeal preferred by the petitioner is dismissed and the order dated 14.11.2012 of District Programme Officer has been affirmed.

Patna High Court CWJC No.3793 of 2014 (3) dt.19-07-2017 2/3 The petitioner assailed the order on the ground that no interpolation or overwriting was made in the inspection register. 15 children were found on the date of inspection. There was rainy day and parents of the children did not allow their children to come to Anganwari Centre. It is submitted that these facts have not been considered by the District Programme Officer and the Appellate Authority.

Annexure-4 of the writ petition shows that the C.D.P.O. inspected the Kuchaikote Bakhari centre No. 227 on 14.07.2012 and found that only five children were present. There was shortage of nutritious food. There was no record and register at the centre. The petitioner was asked to show cause but petitioner did not give any satisfactory reply. It was found that petitioner made overwriting on the inspection register and she wrote 15 children in place of 5 children. With regard to nutritious food and non availability of registers to be maintained at the centre she did not give any satisfactory reply. The District Programme Officer found the reply of the petitioner unsatisfactory. From the facts it is apparent that petitioner rendered unsatisfactory service in providing nutritious food to the children and thus defeated the objects of the scheme for providing nutritious food from preventing mal nutrition and accordingly her service was

Patna High Court CWJC No.3793 of 2014 (3) dt.19-07-2017 3/3 terminated. The petitioner preferred appeal but the Appellate Authority also found the allegation about unsatisfactory service of the petitioner true. The petitioner has not brought any material on record to show that she was rendering satisfactory service to the children. The petitioner was engaged to provide nutritious food to the children but from the report itself it appears that only five children were found present on the date of inspection and even then nutritious food was not sufficiently prepared for the children who present in small numbers.

Considering the facts aforesaid, I do not find any illegality in the impugned orders. This writ petition is, accordingly, dismissed.

(Prabhat Kumar Jha, J) BKS/- U