Ganga Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.374 of 2016 IN Civil Writ Jurisdiction Case No. 14593 of 2015 =========================================================== Ganga Devi, Wife of Raj Kumar Nayak, Resident of Village- Chhattergachh, P.S.- Paharkatta, District- Kisanganj.

.... .... Appellant/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. Principal Secretary, Social Welfare Department Government of Bihar, Patna.

3. The Director, Integrated Child Development Scheme, Indira Bhawan East Boring Canal Road, Patna.

4. The Joint Commissioner cum Secretary, Regional Transport Authority Purnea Division, Purnea.

5. The District Magistrate, Kishanganj.

6. The District Programme Officer, Kishanganj.

7. The District Welfare Officer, Kishanganj.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Binodanand Mishra, Advocate Mr. Alok Kumar, Advocate For the Respondent/s : Mr. Amarendra Kumar, AC to AAG-15 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 07-04-2017 Re.: Interlocutory Application No.1579 of 2016 The delay in filing of this Appeal is condoned. Re. : Letters Patent Appeal No.374 of 2016 Seeking exception to an order dated 17th September, 2015 passed by the Writ Court in Civil Writ Jurisdiction Case No.14593 of 2015 dismissed the writ petition filed by the petitioner who was working as Anganwari Sevika/Sahaika, this appeal has been filed under Clause X of the Letters Patent.

Patna High Court LPA No.374 of 2016 dt.07-04-2017 2/3 The only ground vehemently canvassed at the time of hearing was that as per the Circular of the State Government before removing the Anganwari Sevika/Sahaika, approval of the Anganwari Vikas Samiti has to be obtained and in this case as the procedure for removal contemplated in the matter, i.e. approval of Anganwari Vikash Samiti, has not been taken, the removal is illegal. The competent authority, the appellate authority and the writ court have adverted to this aspect of the matter and found that on inspection being conducted, of the Centre in question, various irregularities were found, thereafter, the petitioner was issued with a show cause notice and after hearing her, the impugned action was taken.

The learned writ court after adverting to the various irregularities committed by the petitioner has found that merely because the Anganwari Vikash Samiti's approval was not obtained, violation of an executive Circular cannot be a ground for interfering into the matter when overwhelming evidence are available to show that on inspection being made in the Anganwari Centre in question, it was found that the petitioner had committed various irregularities and in a detailed manner after dealing with the issue of the misconduct committed by the petitioner, the learned Writ Court has dismissed the writ petition and has also found that the appellate authority has gone into all these aspects of the matter and approved the order of removal.

Patna High Court LPA No.374 of 2016 dt.07-04-2017 3/3 We are of the considered view that keeping in view the reasoned order passed by the learned Writ Court adverting to consider in detail various aspects of the matter, particularly the fact that appointment of an Anganwari Sevika/Sahaika is only for the purpose based on executive instructions and further finding that the petitioner to have responsible for various irregularities committed if the learned Writ Court has refused to interfere into the matter, we see no reason to make any indulgence merely because in the matter of removal, executive order, i.e. approval of Anganwari Vikash Samiti, has not been complied with. In the peculiar facts and circumstances, we see no reason to make any indulgence on such consideration. The appeal is, therefore, dismissed.

(Rajendra Menon, CJ) (Sudhir Singh, J) Sunil/- AFR/NAFR N. A. F. R CAV DATE N. A.

Uploading Date 11.04.2017 Transmission Date