KUMARI REETA Vs. THE STATE OF BIHAR AND ORS.
LAWS(PAT)-2019-10-116
HIGH COURT OF PATNA
Decided on October 15,2019

Kumari Reeta Appellant
VERSUS
THE STATE OF BIHAR AND ORS. Respondents

JUDGEMENT

- (1.) The petitioner is a Child Development Project Officer (CDPO) under the Social Welfare Department of the Government of Bihar. She was posted at Jagdishpur in the district of Bhojpur, at the relevant point of time, when an association of Anganbari Sevikas under the district had allegedly held a meeting and made certain complaints to the District Magistrate, Bhojpur, alleging that the Head Clerk in the Office of the CDPO was asking them to pay illegal money of Rs.3,000.00 per centre, else action would be taken against them.
(2.) Allegedly, when the said Anganbari Sevikas approached the petitioner, she expressed her annoyance over their grievance and told them that though she did not need any money, she would ensure that if the beneficiaries were not provided the services, which they were legally entitled to, to their full satisfaction, she would take strict action, for their removal. The complaint has been brought on record by way of Annexure-1 to the writ application. A preliminary enquiry appears to have been held in the light of allegation made in the complaint, after issuing notice to the petitioner on 23.03.2017. The petitioner had completely denied the allegation made in the complaint petition in her reply submitted on 24.03.2017.
(3.) It appears that during the preliminary enquiry, 71 Anganbari Sevikas jointly stated before the Additional Collector, Bhojpur, to the effect that their signatures were fraudulently obtained on the complaint petition filed against the petitioner. The Additional Collector submitted his report on 24.03.2017 to the District Magistrate, Bhojpur, Ara, and noticing the statement of 71 Anganbari Sevikas, contradicting the allegation, opined that it was 'practically difficult' to come to a definite conclusion in respect of allegations against the petitioner. However, considering the nature of allegation made by the complainant Anganbari Sevikas, he recorded his conclusion that the allegation against the petitioner appeared to be prima facie correct.;


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