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2013 DIGILAW 548 (JHR)

Shrutimala v. State of Jharkhand

2013-04-25

N.N.TIWARI

body2013
ORDER I.A. No.2083/2013 has been filed praying for stay of the selection process going to be held on 26th and 27th April, 2013 consequent upon the petitioner's illegal removal from the post of Angan Bari Sevika. 2. It has been submitted that the petitioner has been removed from the post by an order which is wholly without jurisdiction. In the meanwhile, the respondents are proceeding with the process of selection of Angan Bari Sevika for the same centre. The said process is, therefore, liable to be stayed till hearing of the writ petition. 3. Learned J.C. to G.P.II appearing on behalf of the respondents submitted that the matter is covered by the order dated 15.4.2013 passed in W.P.(S) No.5922 of 2012 and the writ petition itself can be disposed of. 4. Learned counsel appearing on behalf of the petitioner submitted that he is relying upon the said order of this court and other similar orders. He submitted that since this case is covered by those orders of this Court, this case may be disposed of in terms of the said order. 5. Heard both the parties on the merit of the writ petition. As prayed for by the parties, the interlocutory application and the writ petition are being disposed of at this stage. 6. In the writ petition, the petitioner has prayed for quashing letter no.1559 dated 29.11.2012 issued by the District Social Welfare Officer, Giridih, whereby the petitioner has been removed from the post of Angan Bari Sevika of centre Sheetalpur-II (Kahartola), Sirsia Block, District Giridih. 7. It has been submitted that the said order is wholly illegal and without jurisdiction as the District Social Welfare Officer has no jurisdiction to pass such order of removal. Learned counsel submitted that according to the guideline, the Child Development Project Officer (C.D.P.O.) or the selection committee is the competent authority to pass such order. 8. Learned J.C. to G.P.II appearing on behalf of the respondents has not disputed the said contentions and submitted that similar orders have been passed in other cases and this writ petition can also be disposed of in terms of those cases. 9. Having heard learned counsel for the parties and on perusal of the record, I find that the impugned order dated 29.11.2012 (Annexure-4) has been passed by the District Social Welfare Officer, Giridih, who has no jurisdiction. 9. Having heard learned counsel for the parties and on perusal of the record, I find that the impugned order dated 29.11.2012 (Annexure-4) has been passed by the District Social Welfare Officer, Giridih, who has no jurisdiction. By order dated 17.12.2012 passed in W.P.(S) No.4073/2009 (Urmila Devi vs. State of Jharkhand & Ors.) this Court has held that the power of termination of service of the Angan Bari Sevika is vested in the selection committee and the District Social Welfare Officer has no jurisdiction to pass such order. Similar view has been taken in W.P.(S) No. 5922/2012 (Sulekha Kumari & Anr. vs. State of Jharkhand & Ors.) which was disposed of by order dated 15.4.2013 quashing the order of termination passed by the District Social Welfare Officer. 10. In view of the above, order dated 29.11.2012 passed by the District Social Welfare Officer, Giridih, contained in Annexure-4, is wholly illegal and without jurisdiction and the same is hereby quashed. 11. This writ petition as well as I.A. No. 2083 of 2013 are disposed of.