IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4271 of 2008
Hemanti Topno @ Hemanti Jojo ...... Petitioner
Versus
1. The State of Jharkhand through its Secretary, Social Welfare, Women and
Child Development Department, Government of Jharkhand, Ranchi
2. Deputy Commissioner, Simdega
3. Deputy Development Commissioner, Simdega
4. Block Development Officer, Simdega
5. Child Development Project Officer, Kolebira, Simdega
6. Smt. Subani Surin ....... Respondents
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CORAM: HON’BLE MR. JUSTICE D. N. PATEL
For the Petitioner : Mrs. Shweta Singh, Advocate
Ms. Samta, Advocate
For the State : Mr. Srijit Choudhary, G.P.-I
For Respondent No. 6 : Mr. Shekhar Prasad Sinha, Advocate
———
th
04/ Dated: 11 January, 2010
1. The present petition has been preferred by Anganbari Sevika
mainly for the reason that despite the petitioner was appointed on 7th
August, 2007 vide letter at Annexure-4, her services have been brought to
an end on 23rd May, 2008 vide letter at Annexure-5, wherein, it has been
stated that by some letter dated 3rd May, 2008, her services have been
terminated and, thereafter, information about the letter dated 23rd May,
2008 was given to the petitioner. Thus, neither the petitioner was given
any notice, nor hearing, nor original termination letter dated 3rd May,
2008, which is referred at Annexure-5, was ever given to the petitioner
and abruptly, arbitrarily, unilaterally and in gross violation of principles
of natural justice, the services of the petitioner have been brought to an
end by letter dated 23rd May, 2008 and vide letter dated 3rd May, 2008.
No reason has been given in any of the letters dated 3rd May, 2008 and
23rd May, 2008. It is vehemently submitted by learned counsel for the
petitioner that the so-called secret letter dated 3rd May, 2008 and copy
thereof was never given to the petitioner and it reflects, from the original
file which is presented before this Court, that only some allegations were
levelled by dissatisfied souls against the petitioner and just hearing the
complaints, the services of the present petitioner have been brought to an
end, as the complaints made are, the gospel truth.
2. I have also perused the so-called secret letter dated 3rd May, 2008
from the original file, which is presented by the counsel for the State.
Only one sided version has been reflected in the letter dated 3rd May,
2008, written by the Deputy Development Commissioner, Simdega.
Now, it is orally submitted by learned counsel for the State that inquiry
was also conducted. It is also not known to the petitioner that on which
date notice was issued, who were called for inquiry and whose version
has been believed by the so-called inquiry officer of the Government and
what is the so called inquiry report. Everything has been kept in dark.
No copy of the inquiry report has been given to the petitioner and,
therefore, it is submitted that the termination of the services of the
petitioner is thoroughly an arbitrary, unilateral and is in gross violation of
natural justice.
3. I have heard learned counsel appearing for respondent no. 6, who
has submitted that selection of respondent no. 6 as Anganbari Sevika, is
absolutely in accordance with law, but, they are not aware of the illegality
of termination of the present petitioner, but, so far as appointment of
respondent no. 6 is concerned, it is absolutely in consonance with the law
and there is approval by the Government also and, therefore, respondent
no. 6 is working as Anganbari Sevika.
4. Having heard learned counsel for both the sides and looking to the
facts and circumstances of the case, it appears that:-
(i) The present petitioner was working as Anganbari Sevika with
effect from 7th August, 2007, thereafter, she has resumed her duties
as such and salary was also paid to her by the Government,
thereafter, on 23rd May, 2008 vide letter at Annexure-5, the
petitioner was informed that vide some letter dated 3rd May, 2008,
her services were brought to an end. Never such copy of letter
dated 3rd May, 2008 was given to the petitioner.
(ii) It appears that prior to her termination from services, no notice
was given to the petitioner.
(iii) It also appears from the facts of the case that the respondents
have received some complaints and looking to the letter dated 3rd
May, 2008 from the file of the respondents only the complaints are
referred and the petitioner’s services have been terminated on 3rd
May, 2008. Thus, letter dated 3rd May, 2008 is one sided version of
the complaint. No inquiry has been referred in the said letter dated
3rd May, 2008. Thus, looking to the letter dated 3rd May, 2008, it
appears that only on the basis of allegations, services of the
petitioner have been brought to an end, which is absolutely dehors
the law and is in gross violation of principles of natural justice,
because allegations must be proved, opportunity must be given to
the petitioner before her termination. Never such opportunity was
given to the petitioner to give reply of the allegations.
(iv) Now, it is contended by learned counsel for the respondent-
State that some inquiry was also conducted. This contention is also
not helpful to the respondents mainly for the reason that nobody
knows, who conducted what inquiry, who were examined as
witnesses and what are their conclusions. No inquiry report has
ever been given to the petitioner nor the petitioner was given any
chance to appear before the so-called inquiry officer. It appears
that in termination of the petitioner and in holding secret inquiry
also, everything is arbitrary right from letter dated 3rd May, 2008
and letter dated 23rd May, 2008.
5. As a cumulative effect of the aforesaid facts and reasons, I hereby,
quash and set aside the letter dated 3rd May, 2008, issued by the Deputy
Development of Commissioner, Simdega as well as letter dated 23rd May,
2008, issued by the Child Development Project Officer, Kolebira,
District:-Simdega, reserving liberty with the respondents to issue notice to
the petitioner, if it is so required and after giving an adequate opportunity
of being heard to the petitioner only the action will be initiated.
6. The petition is, hereby, allowed with the cost of Rs. 5,000/-
(Rupees five thousand only), which will initially be paid by the State of
Jharkhand to the petitioner and subsequently by holding inquiry, the same
will be deducted from the erring officer(s) of the concerned department.
(D.N. Patel, J)
Ajay/