IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 2396 of 2008
Lucy Marandi ...... Petitioner
Versus
1. State of Jharkhand
2. Deputy Commissioner, Sahibganj
3. District Development Commissioner, Sahibganj
4. The Welfare Officer, Circle-Taljhai, Sahibganj
5. Child Development Project Officer, Taljhari, District-Sahibganj
6. District Programme Officer, Sahibganj
7. Block Development Officer, Taljhari, Sahibganj ...... Respondents
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CORAM: HON’BLE MR. JUSTICE D. N. PATEL
For the Petitioner : Mr. Din Dayal Saha, Advocate
For the Respondents : J.C. to G.P.-III
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th
03/Dated: 24 February, 2010
1. I have heard Mr. Din Dayal Saha, learned counsel for the petitioner,
who has submitted that the petitioner was appointed as Anganbari Sevika
with effect from 26th June, 2007, which is at Annexure-1 to the memo of
petition, thereafter, the petitioner had undergone training, successfully
and the training certificate is also annexed at Annexure-2 to the memo of
petition, thereafter, the petitioner has worked successfully for several
months, for which, even salary has also been paid to the petitioner and the
services of the petitioner have been terminated by respondent no. 5 vide
order dated 22nd April, 2008 (Annexure-3 to the memo of petition)
without giving any opportunity of being heard to the petitioner and
without giving any notice to the petitioner. Looking to the impugned
order, it appears that some inquiry was conducted, but, the petitioner was
never given any notice by the inquiry officer nor the copy of the inquiry
report was given to the petitioner. Likewise, the petitioner was not given
the copy of the complaints. Thus, everything has gone ex-parte in this
matter and the services of the petitioner have been terminated vide order
dated 22nd April, 2008 in gross violation of principles of natural justice
and, hence, the impugned order passed by respondent no. 5 dated 22nd
April, 2008 at Annexure-3 to the memo of petition deserves to be quashed
and set aside.
2. I have heard learned counsel for the respondents, who has
submitted that there were some complaints against the present petitioner
and upon receiving complaints, inquiry was conducted and on the basis of
inquiry, the services of the petitioner have been brought to an end by
respondent no. 5 vide order dated 22nd April, 2008 at Annexure-3 to the
memo of petition and, therefore, the petition deserves to be dismissed.
3. Having heard learned counsels for both the sides and looking to the
facts and circumstances of the case, I hereby quash and set aside the order
passed by respondent no. 5 vide order dated 22nd April, 2008 at
Annexure-3 to the memo of petition, mainly for the following facts and
reasons:-
(i) The petitioner was appointed as Anganbari Sevika with effect
from 26th June, 2007. The appointment letter is at Annexure-1 to
the memo of petition.
(ii) It appears that, thereafter, the petitioner had undergone training,
successfully and to that effect, a certificate has also been issued by
the respondents. The said certificate is at Annexure-2 to the memo
of petition.
(iii) It also appears that, thereafter, the petitioner has worked for
several months to the satisfaction of the respondents, for which,
salary has also been paid to the petitioner by the respondents.
(iv) Thereafter, it appears that respondent no. 5 has terminated the
services of the petitioner vide order dated 22nd April, 2008 without
giving any notice and without giving any opportunity of being
heard to the petitioner i.e. there is gross violation of principles of
natural justice.
(v) Looking closely to the impugned order at Annexure-3 to the
memo of petition, it appears that some complaints were
received by respondent no. 5 and some ex-parte inquiry has
been conducted privately. Neither the copy of the complaints
nor the inquiry report has been given to the petitioner, though
much and heavy reliance has been placed upon this inquiry
report by the Child Development Project Officer, Taljhari,
District-Sahibganj (respondent no. 5). Thus, inquiry has been
conducted, ex-parte and the report of the inquiry officer has
never been given to the petitioner, therefore also, there is
violation of principles of natural justice.
4. As a cumulative effect of the aforesaid facts and reasons, I hereby
quash and set aside the order passed by respondent no. 5 dated 22nd April,
2008 at Annexure-3 to the memo of petition, reserving liberty with the
respondents to initiate action, in accordance with law and at least after
following the principles of natural justice.
5. The petition is, hereby, allowed and disposed of, in view of the
aforesaid observations.
(D.N. Patel, J)
Ajay/