Smt. Bhola Mantri Devi v. The State Of Bihar And ORS

Patna High Court CWJC No.16073 of 2013 (3) dt.01-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16073 of 2013 ====================================================== Smt. Bhola Mantri Devi .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dudh Nath Singh For the Respondent/s : Mr. A.Ujjwal ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 01-03-2016 Heard learned counsel for the petitioner and the State. The petitioner was appointed as Anganwari Sahayika of Centre Code No.11 within Patna Sadar. During the inspection by the Chief Development Project Officer, she was found absent from the Centre on 30.6.2012.

The petitioner submits that though the impugned order states that she was given notice, in fact, no notice was served upon her.

As the only allegation against the petitioner is of being absent on one particular date, the impugned order terminating her contract is harsh and excessive. The impugned order terminating her service is accordingly set aside. The petitioner would be reinstated forthwith. The respondents are at liberty to award any other punishment other than the termination from service. However, the petitioner would not be entitled to claim

Patna High Court CWJC No.16073 of 2013 (3) dt.01-03-2016 remuneration for the period she remained out of job. This writ application stands allowed.

(Samarendra Pratap Singh, J) KHAN/- U