KANTA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.)

(2.) PETITIONER has filed the present writ petition challenging the order, dated 28.1.2010, passed by Deputy Commissioner, Kinnaur at Reckong Peo, vide which he had quashed the appointment of the petitioner as Anganwari Worker in Anganwari Centre, Telangpi. In coming to the said conclusion, the Deputy Commissioner had made a reference to two registers maintained by the concerned Panchayat. He had observed that an application was allegedly made on 17.7.1996 by Shrawan Kumar for separation of his family, which was addressed to the Pradhan, and according to the information obtained by the petitioner Annexure P -8, dated 14.7.2009, the separation of the family of Shrawan Kumar was shown and entered at Sl. No. 152/1, page 84, of the pariwar register. It has also been mentioned by the Panchayat Secretary in the certificate filed that there are four members in the family of Shrawan Kumar. In view of the above, the matter is remanded back to the Deputy Commissioner, who shall consider and decide the matter afresh after getting an inquiry conducted from an officer subordinate to him and also by taking both the registers into consideration including the certificate, dated 14.7.2009, produced by the petitioner during the course of hearing (Annexure P -8). The matter shall be decided by the Deputy Commissioner within a period of three months from the date of production of a copy of the writ petition alongwith a copy of this judgment by the petitioner before the Deputy Commissioner. Notice shall also be issued to respondent No. 5. The petitioner, if still working as Anganwari Worker, shall continue to work till the disposal of the matter by the Deputy Commissioner.