IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2829 of 2011
Navita Devi
Versus
The State Of Bihar & Ors
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2 5.7.2011 Heard learned counsel for the parties.
Annexure-2 is the order passed by the District
Magistrate, Bhagalpur removing the petitioner from the post of
Anganbari Sevika.
The said order is under challenge on a limited
ground. Even according to the observation made by the Divisional
Commissioner it is the District Programme Officer who has to
carry an enquiry submit a report to the District Magistrate and the
District Magistrate will thereafter pass an order after giving an
opportunity to petitioner. That was the original procedure. But
since the policy has undergone a change now that is what has been
reflected in the order of the Divisional Commissioner.
Even from perusal of annexure-2 the procedure
laid down in the earlier policy has not been followed.
If that be so then annexure-2 is quashed and this
writ application is allowed. The matter is remitted back to
concerned authority with a direction that he will take fresh
decision in the light of the policy laid down in this regard.
This writ application is allowed.
RPS (Ajay Kumar Tripathi,J.)