High Court Patna High Court - Orders

Taramuni Devi vs The State Of Bihar & Ors on 14 November, 2011

Patna High Court – Orders
Taramuni Devi vs The State Of Bihar & Ors on 14 November, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No. 16202 of 2011

                   Taramuni Devi W/O Rajendra Chaudhary Resident Of Village-
                   Manjhauli, P.O.-Siaryan, P.S.-Sanjhauli, District-Rohtas.
                                                               .................... Petitioner
                                                  Versus
                   1. The State Of Bihar Through The Chief Secretary, Bihar, Patna.
                   2. The District Magistrate, Rohtas At Sasaram.
                   3. The District Programme Officer, Rohtas At Sasaram.
                   4. The District Development Commissioner, Rohtas At Sasaram.
                   5. The Deputy Collector, Incharge, District Legal Cell, Rohtas At
                   Sasaram.
                   6. The Child Development Project Officer, Sanjhauli, District-Rohtas.
                   7. The Mukhiya, Gram Panchayat, Manjhauli, P.S.-Sanjhauli, District-
                   Rohtas.
                   8. Smt. Chandrawati Devi W/O Sri Ram Pravesh Singh Resident Of
                   Village-Manjhauli, P.S.-Sanjhuli, District-Rohtas.
                                                                       ................ Respondents
                                          ----------------------------------

02. 14.11.2011 According to the petitioner, she was selected on the

post of Anganwari Sevika in terms of Annexure- 1, dated

05.05.2010. She went for training thereafter and started

working in that capacity till by virtue of the order passed by

the CDPO, Sanjhauli, District – Rohtas (Respondent No. 6),

she was ordered to be removed from the post of Anganwari

Sevika.

Petitioner approached the District Programme

Officer with her grievance on the ground that there was no

show-cause, no opportunity of hearing or any ground

furnished to her before the order of removal came to be

passed. Petitioner is totally in the dark as to the reason for

her removal.

This Writ is disposed of with a direction on the

District Magistrate, Rohtas, (Respondent No. 2) that in case
2

the petitioner files a proper application in this regard before

him within four weeks, he will hear the parties concerned,

including the present petitioner on the issue and pass an

appropriate order with regard to the order of removal

passed by the CDPO.

It goes without saying that if the removal order has

been passed without giving an opportunity of hearing to the

petitioner, as has been alleged in the present Writ

Application, a duty is cast upon him to set aside the order

of removal. Decision in this regard is warranted preferably

within a period of three months from the date of production

of a copy of this Order.

(Ajay Kumar Tripathi, J.)
SKM