Jharkhand High Court
Smt. Tara Devi vs State Of Jharkhand & Ors on 19 June, 2013
Author: Narendra Nath Tiwari
Bench: Narendra Nath Tiwari
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.S. No. 517 of 2012
Smt. Tara Devi .....Petitioner
Versus
The State of Jharkhand & Ors. ..Respondents
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Coram:HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
For the Petitioner : Mr. Sanjay Kumar Dwivedi, Advocate
For the Respondents : JC to S.C. III
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I.A. No. 3127/2013
05/19-06-2013In this I.A., the petitioner has payed for early disposal of the writ petition in terms of the order passed in the case of Nilma Mandal Vs. State of Jharkhand & Ors. ( W.P.S. No. 4561/2006).
It has been submitted that the point involved in this case is squarely covered by the said decision of this Court in Nilma Mandal's case and the same be disposed of in terms of the said order.
Learned J.C. to S.C. III, appearing on behalf of the respondents, has admitted the said position and submitted that the writ petition may be disposed of in terms of the said order.
Considering the above, this I.A. is allowed.
W.P.S. No. 517 of 2012 is being disposed of in terms of Nirma Mandal's Case (Supra) by a separate order.
(Narendra Nath Tiwari, J)
Rakesh/
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.S. No. 517 of 2012
Smt. Tara Devi .....Petitioner
Versus
The State of Jharkhand & Ors. ..Respondents
-----
Coram:HON'BLE MR. JUSTICE NARENDRA NATH TIWARI For the Petitioner : Mr. Sanjay Kumar Dwivedi, Advocate For the Respondents : JC to S.C. III
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06/19-06-2013 In this writ petition, the petitioner has prayed for quashing the order dated 30.12.2011 contained in Annexure-4, passed by the Deputy Development Commissioner, Bokaro, whereby the services of the petitioner, who is an Aangan Bari Sevika, has been illegally terminated without giving any notice.
It has been submitted that the Deputy Development Commissioner has no jurisdiction to terminate the petitioner from the post of Aangan Bari Sevika and the order is wholly without jurisdiction.
According to the petitioner, she was appointed as an Aangan Bari Sevika for Sonabad/Kashitanr Centre, after due selection by the Gram Sabha and approval of the Deputy Commissioner, Bokaro. She had been discharging her duty sincerely and there was no complain against her. The said order has been passed on the ground that the petitioner was absent when the centre was inspected by the Deputy Development Commissioner on 28.10.2011. The allegation is wholly baseless. On that day, due to Sohrai festival, the committee decided to close the centre a bit earlier. The inspection was made in late hour. The petitioner explained the same but the same has not been considered and the impugned order has been passed.
Learned counsel for the petitioner submitted that the appointing authority of the petitioner is Gram Sabha and the decision for removal can be taken only by Gram Sabha, for which the order is to be issued by Child Development Project Officer and that too after giving notice and proper opportunity of hearing. In case of Smt. Sharda Devi Vs. State of Bihar & Ors. reported in 2001 (1) JLJR 237 as also in the case of Nilma Mandal in W.P.(S) No. 4561 of 2006, it has been held that the Deputy Development Commissioner has no jurisdiction to issue the order of removal of an Aangan Bari Sevika. The order is, thus, wholly without jurisdiction and is liable to be quashed.
-2-Learned J.C. to S.C. III , appearing on behalf of the respondents, has not disputed the said factual and legal position. However, he has submitted that the decision was taken by the Deputy Development Commissioner after giving notice to the petitioner and there is no arbitrariness.
Having heard learned counsel for the parties and considered the facts and materials on record, I find that the impugned order dated 30.12.2011 contained in Annexure-4 has been issued by the Deputy Development Commissioner, Bokaro removing the petitioner from the post of Aangan Bari Sevika of Sonabad/Kashitanr Centre. It appears from the impugned order that petitioner has been removed on the allegation that on 28.10.2011, when the inspection was made by Deputy Development Commissioner, Bokaro, Aangan Bari Sevika of Sonabad/Kashitanr Centre was found absent and the centre was found closed. According to the petitioner, the centre worked on that day and it was closed earlier in view of resolution taken by the Committee to close the centre earlier on the occasion of Sohrai Festival. Without considering the said explanation, the impugned order has been mechanically passed removing the petitioner from the post of Aangan Bari Sevika. In case of Smt. Sharda Devi (supra), it has been held that the Deputy Development Commissioner has got no jurisdiction to remove the Aangan Bari Sevika. Such power is vested in the Selection Committee, which alone can make such recommendation for removal to the Child Development Project Officer, who can issue such order. The same view has been taken in the case of Nilma Mandal (Supra) in WP.S. No. 4561 of 2006. This case is squarely covered by the said decision of this Court.
Considering the above, this writ petition is allowed. The impugned order dated 30.12.2011 contained in Annexure-4, passed by the Deputy Development Commissioner, Bokaro, is quashed.
(Narendra Nath Tiwari, J) Rakesh/