Patna High CourtCWJC/11649/2013allowed

Rinku Kumari v. The State Of Bihar And ORS

2016-04-25Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11649 of 2013 ====================================================== Rinku Kumari, W/O Sri Shital Singh, R/O Village + P.O. Barbata, P.S. Musarigharari, District - Samastipur .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The District Magistrate, Samastipur, District - Samastipur

3. The District Program Officer, ( Establishment ), Samastipur, District - Samastipur

4. The Child Development Project Officer, Sarairanjan, District - Samastipur

5. The Panchayat Secretary, Gram Panchayat Barbatta, Sarairanjan, Distt. - Samastipur

6. The Mukhiya Gram Panchayat Raj Barbata, Sarairanjan, District - Samastipur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 25-04-2016 Petitioner was selected as Anganwari Sevika vide Memo No. 84, dated 02.08.2004, for Centre No. 82 at village Barbatta (Khatabe Tola), Panchayat - Barbatta, P.S. Musarigharari, Block Sarairanja, District Samastipur. She has challenged the impugned order of termination passed by the District Programme officer, Samastipur, vide Memo No. 555, dated 29.05.2012, which was also affirmed in appeal on 12.02.2013, by the order of the Collector, in Case No. 29 of 2013.

It appears that the petitioner has been removed from the service on the ground that she was absent from the Centre on one

Patna High Court CWJC No.11649 of 2013 (6) dt.25-04-2016 2/2 occasion.

In my view, the termination of the petitioner on the only ground of being absent on the Centre on one occasion, is too harsh and excessive and as such, the impugned orders of punishment passed by the District Programme Officer, Samastipur, on 29.05.2012, which was affirmed by the Collector, on 12.02.2013, are hereby set aside. The petitioner would be reinstated in service. The writ application is disposed.

(Samarendra Pratap Singh, J) kunal/- U