SUMAN DEVI Vs. STATE OF U.P.THROUGH SECRETARY BAL VIKAS SEVA AVAM PUSTAHAR, U.P., LUCKNOW AND OTHERS
LAWS(ALL)-2009-2-181
HIGH COURT OF ALLAHABAD
Decided on February 13,2009

SUMAN DEVI Appellant
VERSUS
State of U.P.Through Secretary Bal Vikas Seva Avam Pustahar, U.P., Lucknow Respondents

JUDGEMENT

SUNIL AMBWANI, J. - (1.) HEARD learned Counsel for the petitioner and learned Standing Counsel.
(2.) THE petitioner was selected as Aangan Bari Karyakartri, Bal Vikas Pariyojana Village Saunghat Distt. Basti in I.R.D.P. at Aangan Bari Centre, Mahudar. Her appointment was cancelled on the ground that the income cer­tificate on which she had placed reliance, to prove that she is a person living below poverty line, was subsequently cancelled by the Tehsildar. The Tehsildar had issued notice to the petitioner and had found that the petitioner had made a false statement before him that her husband and fa­ther-in-law did not have any land and are unemployed. Infact her father-in-law and her husband have 0.71 hec. land, a pucca house and motor cycle and that her father-in-law is the Pradhan of the same village in which Aangan Bari Centre is situate. The petitioner challenged the order of the Tehsildar dated 6th June, 2008 on the ground that she was not heard and then filed a Writ Petition No. 21477 of 2008 in which the High Court quashed the order dated 19.4.2008 on 29.4.2008 on the ground that she was not given an opportunity of hearing. The Tehsildar thereafter, issued a notice to her and has passed a fresh order in which he found on the statement of the petitioner and evidence collected by him that the family of Smt. Suman Devi has monthly income of more than Rs. 1650/-. The application dated 5.5.2008 was accordingly disposed of and the order dated 19.4.2008 was maintained.
(3.) THE petitioner's appointment as Aangan Bari Karyakartri was can­celled by the Bal Vikas Pariyojana Adhikari on the ground that the Tehsildar has now passed from order after hearing the petitioner and after making en­quiries and that since she had made a false declaration that she was living be­low poverty line, she was not eligible to be considered for appointment as Aangan Bari Karyakartri.;


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