MINAKHI DALEI Vs. STATE OF ODISHA
HIGH COURT OF ORISSA
STATE OF ODISHA
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B.R. Sarangi, J. -
(1.) The petitioner, by means of this writ petition, has sought to quash order dated 29.10.2015 passed in AW Misc. Appeal Case No. 14 of 2015 in Annexure-5 and issue direction to the authorities to implement order dated 13.02.2015 passed in AW Misc. Appeal Case No.1 of 2015 and AW Misc. Appeal Case No. 2 of 2015 in letter and spirit.
(2.) The factual matrix of the case, in hand, is that a notice was issued on 23.06.2014 by opposite party no.2 for formation of a Women Sabha in the village with regard to selection of candidates for the post of Anganwadi Helper in respect of Dagarasahi Anganwadi Centre in the district of Bhadrak. Pursuant thereto, a meeting was held on 21.07.2014 wherein two candidates, including the petitioner, applied for and participated in the process of selection. Though petitioner was selected by opposite party no.2, as Anganwadi Helper and asked to join which she did, but she was not issued with engagement order, for which she filed W.P.(C) No. 397 of 2015. Whereas, opposite party no.5 challenging selection of the petitioner filed W.P.(C) No. 891 of 2015. Both the writ petitions were heard together and disposed of vide order dated 29.01.2015 remanding the matter to the Sub-Collector, Bhadrak-opposite party no.4 and permitting the petitioner as well as opposite party no.5 to file separate appeals independently for adjudication. Consequentially, AW Misc. Appeal Case No. 1 of 2015 was filed by the petitioner and AW Misc. Appeal Case No. 2 of 2015 was filed by opposite party. 5. Both the appeals were disposed of by the SubCollector, Bhadrak, vide common order dated 03.03.2015, directing to place the matter before the BLCC for taking a decision as to whether Dalasahi would be included in Dagarasahi or not, and thereafter the CDPO, Bhadrak shall take immediate steps for selection of Anganwadi Helper within a period of one month. When such matter was pending for adjudication before the BLCC, opposite party no.5, without impleading the petitioner as a party, filed AW Misc. Appeal Case No. 14 of 2015 before the SubCollector, Bhadrak, who, vide order dated 29.10.2015 set aside the common order passed earlier on 03.03.2015 in AW Misc. Appeal Case Nos. 1 and 2 of 2015. Hence, this application.
(3.) Mr. Soumya Mishra, learned counsel for the petitioner contended that without affording any opportunity of hearing to the petitioner and behind her back the order impugned has been passed. It is further contended that the Sub-Collector, Bhadrak has no jurisdiction to entertain the 2nd appeal at the instance of a party, who had earlier filed an appeal before the very same forum, and more so, the order impugned passed in the said 2nd appeal, without giving any opportunity of hearing to the petitioner, was in gross violation of the principle of natural justice and also not maintainable.;
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