IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC NO.4972 OF 2008
RIMA KUMARI @ BABLI DEVI, WIFE OF MUKESH KUMAR, RESIDENT OF
VILLAGE NEERPUR, POLICE STATION ATHMALGOLA, DISTRICT PATNA
VERSUS
1. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE, PATNA
2. THE SUB-DIVISIONAL OFFICER, BARH, DISTRICT PATNA
3. THE CHILD DEVELOPMENT PROJECT OFFICER, BARH, DISTRICT
PATNA
4. SARITA KUMARI, WIFE OF MUTUN SINGH, RESIDENT OF VILLAGE
BAHADURPUR, POLICE STATION ATHMALGOLA, DISTRICT PATNA
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2 25/04/2011 This wit application has been filed challenging
the order contained in Annexure-2 by which the
petitioner’s engagement as Aanganbari Sevika has been
terminated by the District Magistrate, Patna.
The ground for termination is at Annexure-3
which is an enquiry held by the Sub Divisional Officer.
The Enquiry Report indicates that the Mukhiya has not
signed on the proceedings by which the petitioner was
selected as an Aanganbari Sevika. The complaint was
made by Sarita Kumari.
The order of the District Magistrate suffers on
two counts; firstly the District Magistrate ought to have
noticed the petitioner, before serving her with an order of
termination. It also suffers on account of the fact that the
Mukhiya ought to have been noticed, who could have
explained as to whether the procedure was correctly
conducted or not. Absence of signature is an important
aspect of the proceeding, but if the proceeding is
otherwise duly conducted and signed by all the other
2
persons concerned, then perhaps the absence of the
signature of the Mukhiya would have been explained by
him and him alone. The District Magistrate ought to have
also call for the records and see for himself as to whether
the selection process was properly conducted.
Counsel for the State submits that there is a
provision of filing of an appeal before the Commissioner
as per the guidelines of the year 2006. However, it would
not be proper for this Court to dismiss this writ
application on the ground that an alternative remedy is
available, especially in view of the fact that the
Commissioner would also have to remand the matter to
the District Magistrate on account of non-fulfilment of
the principles of natural justice.
I thus quash the order dated 22.01.2008 and
the petitioner is directed to file an application before the
District Magistrate, Patna along with a copy of this order
within a period of four weeks from today. The District
Magistrate, Patna may dispose of the application within a
period of three months thereafter after hearing the
petitioner and the Mukhiya.
This writ application is disposed of with the
aforesaid observations and directions.
Anand ( Sheema Ali Khan, J.)