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2010 DIGILAW 597 (JHR)

Mohari Devi v. State of Jharkhand

2010-05-14

AMARESHWAR SAHAY

body2010
Order Heard the parties. 2. The petitioner, was working as Anganbari Sahayika in Anganbari Centre, Ganghu Tola. The Deputy Development Commissioner, Ramgarh made a surprise inspection of the aforesaid Anganbari Centre on 18.6.2009, and found several irregularities, such as, fake entries showing presence of more number of children. Even food to the children under 'mid-day meal' were not being supplied. The petitioner was asked show cause by the Deputy Development Commissioner, directing her to explain the irregularities found in the Centre, to which the petitioner submitted her explanation, but her show-cause was not found to be satisfactory, and hence, her engagement as Anganbari Sahayika was cancelled by the order of the Deputy Commissioner as contained in Annexure-5. The said order of cancellation of her appointment has been intimated to the petitioner by the C.D.P.O. 3. Mr. Banerjee, learned counsel appearing for the petitioner submitted that as per the State Government Circular as contained in Annexure-6, the Deputy Commissioner has been given the power to hear the appeal against any order passed by the C.D.P.O. canceling the appointment of any Anganbari Sevika or Sahayika. In the present case, the appellate authority has himself passed the order disengaging the petitioner from the post of Anganbari Sahayika which in fact was the duty and within the purview of the C.D.P.O. 4. On perusal of the Government Circular, as contained in Annexure-6, it appears that the Director, Social Welfare, has also been authorized to consider the matter concerning the selection or cancellation of appointment of Anganbari Sevika or Sahayika. 5. In this view of the matter, this writ petition is being disposed of by giving liberty to the petitioner that, if so advised, she may file an appeal before the Director, Social Welfare, Government of Jharkhand, against the order passed by the Deputy Commissioner as contained in Annexure-5, within a period of two weeks from today. 6. If such an appeal is filed by the petitioner before the Director, Social Welfare, he shall consider the appeal of the petitioner on its merit and take a decision in the matter in accordance with law and pass an appropriate reasoned order, within a period of eight weeks from the date of filing of such appeal.