High Court Patna High Court - Orders

Usha Kumari vs The State Of Bihar &Amp; Ors on 17 September, 2010

Patna High Court – Orders
Usha Kumari vs The State Of Bihar &Amp; Ors on 17 September, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CWJC No.3821 of 2010
         1. USHA KUMARI W/O SANTOSH KUMAR YADAV R/O VILL AMRIT
         RAI KE DERA,P.S.NAWANAGAR,DISTT-BUXAR
                                  Versus
         1. THE STATE OF BIHAR
         2. THE SECRETARY SOCIAL WELFARE DEPARTMENT GOVT.OF
         BIHAR,PATNA
         3. THE DIRECTOR INTEGRATED CHILD DEVELOPMENT
         SCHEME(ICDS) PATNA
         4. THE COMMISSIONER PATNA PARAMANDAL ,PATNA
         5. THE DISTRICT MAGISTRATE DISTT-BUXAR
         6. THE DISTRICT WELFARE OFFICER DISTT-BUXAR
         7. THE BLOCK DEVELOPMENT OFFICER NAWANAGAR,DISTT-
         BUXAR
         8. CHILD DEVELOPMENT PROJECT OFFICER NAWA
         NAGAR,DISTT-BUXAR
                                              -----------

For the Petitioner:- Mr. Arun Kumar, Adv.

               For the State:-           G.A.1
                                      -------------

2.   17.9.2010               Heard learned counsel for the petitioner

                 and the State.

The petitioner is aggrieved by her

termination from the post of Aganwari Sewika by order

dated 6.5.2008 of the District Magistrate as affirmed in

appeal on 7.11.2009 by the Commissioner, Patna

Division.

The short submission is that the removal

was in violation of the principles of natural justice

without a show cause notice.

Counsel for the State submits that during

inspection the petitioner was found absent.

The issue raised stands fully covered by a

Division Bench judgment of this Court reported in
2

2004(2) PLJR 833 (DB) that such removal was not

permissible in violation of natural justice.

The impugned orders dated 7.11.2009 and

16.6.2008 are not sustainable. They are accordingly

set aside but without prejudice to the rights of the

respondents to proceed afresh in accordance with law.

The application stands allowed.

P. Kumar                                      ( Navin Sinha, J.)