Research › Search › Judgment

Jharkhand High Court · body

2013 DIGILAW 1103 (JHR)

Sunita Sinha v. State of Jharkhand

2013-09-25

APARESH KUMAR SINGH

body2013
ORDER I.A. Nos. 7473/2013 & 7474/2013 1. Heard counsel for the parties. 2. The petitioner has approached this Court in the present writ application being aggrieved by the order dated 1st February 2013 (Annexure-7) issued by the Respondent No. 4 - District Social Welfare Officer, Giridih, whereby her services as Aanganwari Sevika, has been terminated. 3. It is the contention of the petitioner that she has been working regularly since 25 years on the said post at Aanganwari Kendra of Karihari (East), Giridih, but the impugned order, on the face of it, has been passed after giving only three days notice to respond to the allegations by letter no. 122 dated 22nd January 2013. It is submitted that the said letter was received by the petitioner on 31st January 2013, but the impugned order has been passed immediately thereafter on 01st February 2013. The petitioner immediately preferred an appeal under the relevant provisions of the Circular contained in letter no. 525 dated 05th June 2005 issued by the Social Welfare, Women and Child Development Department, Government of Jharkhand. The said appeal (Annexure-8) was preferred on 05th February 2013 before the Deputy Commissioner, Giridih being aggrieved by the order impugned at Annexure-7. However, the appeal has not yet been decided and in the meantime, the Child Development Progression Officer, CDPO, Jamua (East) has issued a letter bearing no. 356 dated 10th September 2013 for holding a Aam Sabha for selection of Aanganbari Sevika/Sahaiyka at several centres including Karihari (East) to which the petitioner is concerned. Today i.e. 25th September 2013 is the date fixed for holding of such Aam Sabha. It is submitted that the respondents, without taking a decision on the pending appeal preferred before the Deputy Commissioner, Giridih, have chosen to fill up the post of Aanganbari Sevika/Sahaiyka of Karihari (East) Aanganbari Centre which is not proper in the eye of law. The said order for holding an Aam Sabha has also been sought to be challenged by way of I.A. No. 7473/13 and the petitioner has also sought stay of the same. 4. Counsel for the respondents, on the other hand, submits that the case is being taken up for the first time and no counter affidavit has yet been filed. The said order for holding an Aam Sabha has also been sought to be challenged by way of I.A. No. 7473/13 and the petitioner has also sought stay of the same. 4. Counsel for the respondents, on the other hand, submits that the case is being taken up for the first time and no counter affidavit has yet been filed. However, counsel for the respondents submits that if the court so directs, the pending appeal of the petitioner would be decided within a short time, provided the petitioner cooperates in the said proceeding before the Deputy Commissioner, Giridih. 5. Having heard learned counsel for the parties and having gone through the relevant records including the impugned order and the appeal (Annexure-8) said to have been preferred by the petitioner before the Deputy Commissioner, Giridih, it appears that the respondents are in the process of selecting a fresh Aanganbari Sevika/Sahaiyka for the said Karihari (East) Centre, Giridih, though the appeal of the petitioner is still pending. In such circumstances, it would be appropriate and in the interest of justice to direct the Deputy Commissioner, Giridih to decide the appeal preferred by the petitioner within a reasonable time, preferably within three weeks from the date of receipt of this order. The petitioner shall cooperate in the proceeding and appear before the Deputy Commissioner, Giridih with a copy of this order on 03rd October 2013. Thereafter, the Deputy Commissioner, Giridih shall consider the submissions of the rival parties and take a conscious decision on the pending appeal. 6. As stated above, the appeal should be decided within a period of three weeks from the date of receipt of copy of this order. Any selection to the post of Aanganbari Sevika/Sahaiyka for Karihari (East) Centre, Giridih, if required, should be undertaken thereafter on an appropriate date and time fixed by the competent authority. In such circumstances, the writ petition is disposed of in the aforesaid manner. I.As. also stand disposed of. Let a copy of the order be handed over to the counsel for the respondent State during course of the day who will communicate the order of this Court to the competent authority/Deputy Commissioner, Giridih during course of the day.