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2017 DIGILAW 904 (GAU)

Purabi Sonowal Borah v. State of Assam

2017-07-12

ACHINTYA MALLA BUJOR BARUA

body2017
JUDGMENT : ACHINTYA MALLA BUJOR BARUA, J. 1. None appears for the petitioner, when the matter is called upon. Also heard Mr. T.C. Chutia, learned State counsel. 2. Although notices have been served upon the respondent No. 7 as per the Office Note dated 06.08.2013, but none appears for the respondent No. 7. 3. Pursuant to the advertisement dated 07.09.2009, amongst others, for the post of Anganwadi Worker in the Ouphulia-B Anganwadi Centre under Tingkhong ICDS project, the petitioner had participated in the selection process. Initially the respondent authorities had issued a select list as per the select list dated 03.12.2009 under the signature of the CDPO, ICDS Project. 4. As per the select list in respect of Ouphulia-B Gaon Panchayat, the petitioner was selected for the post of Anganwadi Worker. But subsequently, another order has been issued from the Office of the Deputy Commissioner, Dibrugarh addressed to the CDPO, Tinsukia ICDS, wherein it is stated that on the basis of the enquiry report submitted by the SDO (Sadar), Dibrugarh certain other candidates are said to be selected for the post of Anganwadi Worker. 5. As per the list contained in the said letter dated 06.05.2010, the respondent No. 7, M/s. Rumi Hazarika has been selected for appointment as Anganwadi Worker in the Ouphulia-B Anganwadi Centre and her name appears at Sl. No. 3 in the said list. 6. The State respondents, through the additional Deputy Commissioner, Dibrugarh has filed an affidavit-in-opposition dated 28.4.11, wherein in paragraph 3, it has been stated that it is not a fact that the petitioner, Smti. Purabi Sonowal Borah, W/o. Sri Abonti Sekhar Bora is a resident of Ouphulia-B Gaon and in fact she is a resident of Diksam Block Revenue Village, which is a different village. The same statement has been reiterated in paragraph 6 which states that the petitioner is a resident of Diksam Block Revenue Village and the same is being established by her own statement. It is also stated that accordingly, the claim of the petitioner that she is a resident of Ouphulia-B Gaon Panchayat is incorrect and the certificates submitted by the petitioner as a resident within the jurisdictional area of the Anganwadi Centre is not in conformity with the advertisement of the State respondents. 7. It is also stated that accordingly, the claim of the petitioner that she is a resident of Ouphulia-B Gaon Panchayat is incorrect and the certificates submitted by the petitioner as a resident within the jurisdictional area of the Anganwadi Centre is not in conformity with the advertisement of the State respondents. 7. It is also stated that the report of the SDO (Sadar) is based on local enquiry and records of the Tingkhong Revenue Circle and the allegation made in the writ petition are incorrect. Although the said affidavit has been filed on 28.04.2011, but no reply has been filed by the petitioner till date, nor the petitioner is represented, when the matter is called upon. 8. In view of the above, the stand taken by the respondent authorities that the petitioner is not a resident within the jurisdictional area of the Ouphulia-B Anganwadi Centre is, therefore, accepted. 9. From the averments made in the writ petition it is seen that no statement has been made by the petitioner that she is a resident within the jurisdictional area of Ouphulia-B Anganwadi Centre. 10. The petitioner in paragraph 7 of the writ petition states that she is a selected candidate for the post of Anganwadi worker as per the select list dated 03.12.2009. It is also stated that certain people with vested interest had filed a complaint against the petitioner that the petitioner is not a local resident within the Ouphulia-B Anganwadi Centre. It is further stated that the petitioner at the time of her selection had submitted all her testimonials. 11. In paragraph 8, the petitioner makes a statement that the President of the Ouphulia-B Gaon Panchayat had certified that the petitioner is a permanent resident within the Ouphulia-B Anganwadi Centre and, as such, there cannot any question or doubt on her not being a local resident. 12. No other averments had been made other than stating that the enquiry report referred in the subsequent select list was prepared by two unauthorized persons without considering or examining the actual state of affairs. As no indication has been made as to who are the unauthorized persons who had prepared the select list and, it can be construed that the Additional Deputy Commissioner has conducted the enquiry on his own. 13. As no indication has been made as to who are the unauthorized persons who had prepared the select list and, it can be construed that the Additional Deputy Commissioner has conducted the enquiry on his own. 13. In such view of the matter, without expressing any view on merit of the writ petition, this writ petition is disposed of with a direction that the petitioner may submit a representation before the concerned Additional Deputy Commissioner, Dibrugarh along with all other required testimonials to indicate that she is a resident within the jurisdictional area of Ouphulia-B Anganwadi Centre. 14. In the event, a representation is filed, the Additional Deputy Commissioner shall give due consideration to the same by giving personal hearing to the petitioner as well as the respondent No. 7 and upon causing the required enquiry shall pass a speaking order thereof. 15. In the event, the Additional Deputy Commissioner is of the view that the petitioner is actually a resident of Ouphulia-B Anganwadi Centre, appropriate consequential order be passed on the same. 16. The aforesaid exercise be carried out within a period of 3(three) months from the date of receipt of a certified copy of this order. 17. A copy of this order be furnished to Mr. T.C. Chutia, learned State counsel, who undertakes to provide a copy thereof to the learned counsel for the petitioner. 18. In terms of the above, this writ petition stands disposed of.