In the High Court of Jharkhand at Ranchi
W.P.(S) No.2971 of 2011
1. Smt. Surji Paharin
2. Sumia Soren
3. Pansuri Hembrum................................... Petitioners
VERSUS
State of Jharkhand and others...................Respondents
CORAM : HON'BLE MR. JUSTICE R.R.PRASAD
For the Petitioners : Mr.Shresth Gautam
For the State : G.P.I
6/ 10.10.11
. Since similarly situated other matter has been disposed of vide
order dated 16th September, 2011, this writ application was heard and is being
disposed of.
Learned counsel appearing for the petitioners submits that all the
three petitioners working as Angan Bari Sevika in different Angan Bari Centers,
namely, Anlagachi, Bhagwanpur and Vetatola were allegedly found absent
when the then Deputy Commissioner made inspection of the aforesaid Angan
Bari Centers and hence, their services were terminated vide order as contained
in memo no.45 dated 17.2.2011 issued by the Child Development Programme
Officer, Maheshpur. The said order has been sought tobe quashed.
It was submitted that without giving any opportunity to the
petitioners to have their say in the matter, services of the petitioners have been
terminated and hence, it is gross violation of the principle of natural justice and
taking into account this aspect of the matter, other persons whose services were
terminated in similar circumstances by the same impugned order has been set
aside by this Court in W.P.(S) No.2951 of 2011.
Having heard learned counsel appearing for the parties, it does
appear that the petitioners services have been terminated without giving any
opportunity to them to have their say in the matter and hence, on this count
alone, the impugned order under which services of the petitioners have been
terminated suffers from illegality and hence, the said order as contained in
memo no.45 dated 17.2.2011 is hereby quashed.
However, the authority would be at liberty to proceed in the matter
in accordance with law, if he chooses to do so.
Accordingly, this writ application is allowed.
(R. R. Prasad, J.)
N.D.