Patna High CourtCWJC/15693/2013allowed

Kusum Kumari v. The State Of Bihar And ORS

2017-10-13Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15693 of 2013 =========================================================== Kusum Kumari, wife of Bikesh Kumar, resident of village- Calava, Block & P.S.- Barauli, District- Gopalganj .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, Gopalganj

3. The Child Development Project Officer, Barauli, District- Gopalganj .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Ranjan Kumar Srivastava Mrs. Rajani Gandhai, Advocates.

For the Respondents : Mr. MD. Irshad, AC to SC-1 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 13-10-2017 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for quashing the impugned order contained in letter no. 49 dated 30.08.2012 passed by the Child Development Project Officer, Barauli, District- Gopalganj (respondent no. 3) whereby and whereunder selection of the petitioner for the post of Anganbari Sevika has been cancelled without giving any opportunity to the petitioner.

3. It is submitted that the petitioner has been removed from the post of Anganbari Sevika where she has been working since 2012 on the basis of complaint filed by one Niraj Kumari, without however grant of any opportunity whatsoever prior to her removal.

4. Learned counsel for the respondents appears but however no counter affidavit has been filed to controvert the facts stated in the writ petition.

5. Having heard the parties and on a consideration of the

Patna High Court CWJC No.15693 of 2013 dt.13-10-2017 materials on record, this Court finds merit in the writ petition. It has been specifically averred in paragraph-10 of the writ petition that the Child Development Project Officer, Barauli, District- Gopalganj failed to grant any opportunity to the petitioner prior to cancelling the appointment/selection of the petitioner as Anganbari Sevika. It does not also appear from the impugned order that any opportunity of hearing was granted to the petitioner. The impugned action has thus been taken against the petitioner in violation of the principles of natural justice and resultantly the impugned order cannot be sustained.

6. In the above view of the matter, the impugned order dated 30.08.2012 (Annexure-1) is hereby quashed. The respondents shall reinstate the petitioner with all consequential benefits without undue delay. It is made clear that the present judgment shall not stand in the way of the authorities to take fresh steps against the petitioner, if so advised, in accordance with law.

7. The writ petition stands allowed.

(Vikash Jain, J) Md. Ibrarul/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 16.10.2017 Transmission Date N.A.