Raj Kumari And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6905 of 2014 ===========================================================

1. Raj Kumari W/O Sri Dukhi Ram

2. Sangeeta Kumari W/O Sri Dharmendra Ram Both Are Resident Of VillageMakhra, P.S.- Obra, District- Aurangabad .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Dy. Director, Welfare, Magadh Division, Gaya

3. The Collector, Aurangabad

4. The District Programme Officer, Aurangabad

5. The Chief Development Project Officer, Obra, District- Aurangabad .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar, Adv. For the Respondent/s : Mr. KUNDAN BHADUR SINGH, SC-22 =========================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT Date: 27-07-2017 Heard both sides.

2. The petitioners by filing this writ petition seeks quashing of the order dated 31.08.2012 passed in Case No. 173/12 (annexure-3) by the District Programme Officer, Aurangabad who cancelled the appointment of the petitioners from the post of Angan Bari Sevika and Sahayika, Makhra respectively and further to quash the order passed in Appeal No. 142Abad/2012 by the then Dy. Director Welfare, Magadh Division Gaya (annexure-5) by which the Dy. Director dismissed the appeal of the petitioners.

3. The brief facts which are relevant for the disposal of this writ petition are that the inspection was done on 05.06.2012, but

Patna High Court CWJC No.6905 of 2014 dt.27-07-2017 2/2 the petitioners Angan Bari Sevika and Sahayika respectively were found absent. The petitioners were called upon to show-cause on 31.08.2012. The petitioners appeared and they in their show-cause disclosed that they were present on 06.06.2012, but all of a sudden petitioner no. 2 Sangeeta Kumari Sahayika fell ill and Rajkumari Sevika petitioner no. 1 took her to hospital. For absence of one day, the services of both the petitioners were terminated from the post of Sevika and Sahayika respectively. The doctor gave wrong date of treatment as 06.06.2012 instead of 05.06.2012, but I do not find any force in the submission of the learned counsel for the petitioners as the inspecting team found the Centre closed. Both the petitioners Sevika and Sahayika respectively were found absent.

No child was present on the Centre and the service of the petitioners was found unsatisfactory. Therefore, I do not find any reason to interfere in the order of cancellation of selection of the petitioners as Sevika and Sahayika respectively. Accordingly, this writ petition is dismissed as devoid of any merit.

(Prabhat Kumar Jha, J.) Vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.08.2017 Transmission Date NA