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2007 DIGILAW 416 (PAT)

Kumari Mridula v. State Of Bihar

2007-02-23

MRIDULA MISHRA

body2007
Judgment 1. Heard counsel for the petitioner and the State, 2. Petitioner was selected as Angan Bari Sewika on 31.7.2003 after undergoing the selection process, according to Government circular related to the selection of Angan Bari Sewika. Her selection has been cancelled by Child Development Project Officer, Mahnar, Vaishali (hereinafter referred to as the C.D.P.O.) on the direction of the Deputy Development Commissioner, Vaishali. 3. Petitioner has filed this application for quashing the order dated 12.2.2004 and also for a direction for her reinstatement as Angan Bari Sewika. Petitioners case is that though she was selected as Angan Bari Sewika as per circular of the Government. Her selection was made in the meeting of Aam Sabha presided over by Mukhia and attended by CD.P.O. Her selection was approved and the letter of appointment was also issued. On a complaint made by Bina Kumari, without issuing any notice to the petitioner her selection has been cancelled for no specific reason. 4. From the counter affidavit failed on behalf of respondent State it appears that the petitioner was temporarily appointed as Angan Bah Sewika after resignation of Smt. Sunita Kumari who was duly selected as Angan Bah Sewika. Thereafter under the Chairmanship of Mukhia AaSabha was convened in which the peti tioner was selected for post of Angan Bari Sewika. Some complaints were received regarding the said selection as such the Subdivisional Officer asked explanation from the C.D.P.O. The S.D.O. thereafter authorised the Executive Magistrate to conduct enquiry as he was not satisfied with the explanation submitted by the C.D.P.O. The S.D.O. after receiving the report of the Executive Magistrate directed the C.D.P.O. to cancel the selection of the petitioner as Angan Bah Sewika and appoint Bina Kumari. The Statement made in the counter affidavit sufficient to show that the impugned order has been passed by the S.D.O., who is not authorised to look into the selection process of Angan Bah Sewika. As per the Government circular Deputy Development Commissioner is authorised to give approval of the selection and only Child Development project officer is authorised to pass order regarding the selection of Angan Bah Sewika made in the Aam Sabha. The appointment can be made only on the basis of the resolution passed in the Aam Sabha. In the present as the S.D.O. has directed to select Bina Kumari as Angan Bah Sewika in violation of the Government Circulars. 5. The appointment can be made only on the basis of the resolution passed in the Aam Sabha. In the present as the S.D.O. has directed to select Bina Kumari as Angan Bah Sewika in violation of the Government Circulars. 5. Considering the facts stated in the counter affidavit. I find that this is a clear case in which the order has been passed ignoring the Government Circular as such it is without jurisdiction and fit to be quashed. Accordingly the order dated 12.2.2004 issued by the Child Development Project Officer, Mahnar Vaishali vide letter no. 74 is quashed and this application is allowed. The Child Development Project Officer, Mahnar, Vaishali is directed to re-instate the petitioner on the post of Angan Bah Sewika.