High Court Patna High Court - Orders

Dhanmuni Devi vs The State Of Bihar & Ors on 22 September, 2011

Patna High Court – Orders
Dhanmuni Devi vs The State Of Bihar & Ors on 22 September, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CWJC No.7065 of 2010
         1. Dhanmuni Devi W/O Ashok Ram R/O Village & P.O.- Jigna, P.S.-
         Dinara, Distt.- Rohtas
                                   Versus
         1. The State Of Bihar
         2. The Secretary Department Of Social Welfare, Government Of
         Bihar, Patna
         3. The Director Integrated Child Development Scheme, Director Of
         Icds Under Department Of Social Welfare, Government Of Bihar,
         Patna
         4. The District Magistrate Rohtas At Sasaram, Distt.- Rohtas
         5. District Programme Officer, Rohtas At Sasaram
         6. The Sub-Divisional Officer Rohtas At Sasaram
         7. The Child Development Project Officer Dinara, Distt.- Rohtas At
         Sasaram
         8. The Block Development Officer Block-Dinara, Distt.- Rohtas
         9. Mukhiya, Gram Panchayat- Jamraur Block- Dinara, Distt.-
         Rohtas At Sasaram
         10. The Panchayat Secretary Gram Panchayat- Jamraur, Block-
         Dinara, Distt.- Rohtas At Sasaram
         11. The Panchayat Sevak, Gram Panchayat-Jamraur Block-
         Dinara, Distt.- Rohtas At Sasaram
         12. Asha Devi W/O Munna Ram R/O Vill.- Jigna, P.S.- Dinara,
         Distt.- Rohtas
                                               -----------

For the Petitioner:- Mr. Vivekanand Kumar, Adv.
For the State:- Mr. Rajeev Lochan, Adv.
For the Respondent no. 12 :- Mr. Ranvijay Narain Singh, Adv.

Mr. Tej Narayan Singh, Adv.

———-

3. 22.09.2011 Heard learned counsel for the petitioner,

the State and for respondent no. 12.

The petitioner is aggrieved by the order

dated 24.11.2009 unseating her from the post of

Anganwari Sewika on account of irregularities in

the selection process and directing fresh selection.

The challenge is also to the subsequent

communication dated 1.12.2009.

Learned counsel for the petitioner
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submits that the notice for selection was duly

circulated in the village from 5.6.2008 to

15.6.2008. He relies on an extract of the notice

from the register stated to have been signed by

approximately 60 villagers. It is next submitted

that the impugned order is ex parte in nature. The

petitioner has already joined in pursuance of the

selection and working. Had she been noticed and

given an opportunity for defence she could have

demonstrated that the notice was duly published

before selection as no other illegality in the

selection or her ineligibility has been alleged.

Reliance is also placed on an order of this Court in

C.W.J.C. No. 2255 of 2010 that removal of an

Anganwari Sewika in violation of principles of

natural justice was unsustainable without

furthermore. It is next submitted that a Division

Bench of this Court on 16.2.2010 held that issues

with regard to appointment of an Anganwari

Sewika as distinct from dereliction in discharge of

duties are the exclusive domain of the District

Magistrate. Therefore the District Programme

Officer had no jurisdiction to terminate the

petitioner.

Counsel for the respondents have
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supported the impugned orders.

This Court in more than one case has

held that the judgment of the Division Bench in

2010 (2) PLJR 374 (Prabha Kumari Devi Vs. The

State of Bihar & Ors.) was delivered on 16.2.2010.

It has to be understood as operative prospectively

in absence of any directions contained to give effect

to it retrospectively.

If what the petitioner contends be correct,

there shall be no limit to reopening of selections

and appointment and/or terminations which

attained finality much before 16.2.2010 creating

absolute turmoil. No order of a Court of law can be

interpreted in such manner. The petitioner was

terminated on 24.11.2009 before the order of the

Division Bench.

Learned counsel for the petitioner is right

in his submission that if the order is in violation of

the principles of natural justice it is a nullity. But

it is equally settled law that if interference with an

order shall result in the revival of another illegal

order, the Court may decline interference. It must

be kept in mind that the respondents have only

directed a fresh selection when all including the

petitioner and private respondent have to be
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considered again.

Such interpretation of the law must be

avoided as held in (1999) 8 SCC 16 (Maharaja

Chintamani Saran Nath Shahdeo Vs. State of

Bihar) held at Pargraph-38 as follows:-

“38. For what has been
stated above we hold that the order
of the learned Member of Board of
Revenue directing action to be taken
for refund of the excess
compensation was valid and proper
though he has no jurisdiction to pass
the order. In the event it is set aside
it would amount to reviving an
invalid order of payment of excess
compensation to the appellant.”

The petitioner contends in her pleadings at

Paragraph-6 that a general notice was circulated in

the village. The guidelines under Clause 6(iii)

provide that the District Magistrate is required to

publish an advertisement in the newspaper. The

notice for the Aam Sabha is required to be

published in the Gram Panchayat Office, the

proposed Anganwari Centre, the Project Office, the

Block Office and additionally is required to be

published by the beat of drum/loudspeaker in the

area concerned. There is no pleading on behalf of

the petitioner that these procedures were followed.

The Court therefore finds it difficult to interfere

with the impugned order.

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The Court therefore does not consider it

necessary to go into the allegations of alleged

ineligibility of respondent no. 12 as the issue is

premature.

The writ application is dismissed.

P. Kumar                                    ( Navin Sinha, J.)