JUDGEMENT
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(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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