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Patna High CourtCWJC/14517/2014dismissed

Renu Kumari v. The State Of Bihar And ORS

2018-07-10Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14517 of 2014 =========================================================== Renu Kumari W/o Surendra Kumar Ram Resident of Village Madanpur, P.O. Balhi Teghra, P.S. Simri Bakhtiyarpur, District Saharsa .... .... Petitioner

Versus

1. The State of Bihar.

2. The Commissioner, Koshi Division, Saharsa.

3. The Regional Development Officer, Koshi Division, Saharsa.

4. The District Magistrate, Saharsa.

5. The District Programme Officer, Saharsa.

6. The Child Development Project Officer, Simri Bakhtiyarpur, Saharsa.

7. The Mukhiya, Gram panchayat, Mohanpur, P.S. Simri Bakhtiyarpur, District Saharsa.

8. The Panchayat Secretary, Gram Panchayat, Mohanpur, P.S. Simri Bakhtiyarpur, District Saharsa.

9. Usha Kumari W/o Munna Kumar Mandal @ Munna Kumar Kamat Resident of Village Mohanpur, P.O. Balhi Teghra, P.S. Simri Bakhtiyarpur, District Saharsa .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. R.K.Sinha No.2, Advocate and Mr. Umesh Kumar Verma, Advocate For the Respondents : Mr. Arun Kumar Sinha, AC to GP 24 =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 10-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

It is submitted by learned counsel for the petitioner that cancellation of petitioner's selection as Anganwari Sevika for Center No. 82 at village Madanpur, District Saharsa is not in accordance with law. It is submitted that adequate opportunity was not given to the petitioner and that even prescribed procedure for conducting inspection has not been observed inasmuch as requirement under the guidelines for inspection is that the

Patna High Court CWJC No.14517 of 2014 dt.10-07-2018 2/3 inspecting party was required to take statement of the beneficiaries which has not been done in the instant case.

Allegations which have been levelled and which have been found at the time of investigation is that all the 19 children available at the center were not belonging to that center. Further, THR and menu chart were not displayed. It is also the allegation that the list of beneficiaries was also not displayed at the Center and it was being run in the petitioner's house. Response of the petitioner dated 7.9.2012 to the show cause issued on 30.8.2012 is Annexure 5. The petitioner has tried to justify all these lapses due to rainy weather. She has stated that due to rain since morning, the mid day meal was not prepared. She further submitted that due to rain, the list of beneficiaries as well as menu chart had not been displayed at the Center at the time of inspection.

This Court does not find the said reason to be plausible, as if the same is allowed then during rainy reason all the Anganbari Kendras would be justified in closing down their activities at the cost of welfare of the children for which the center is set up.

Considering the aforesaid submissions of the petitioner, this Court does not find any merit in the writ petition

Patna High Court CWJC No.14517 of 2014 dt.10-07-2018 3/3 and the same is dismissed.

(Madhuresh Prasad, J) Shashi.

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