JUDGEMENT
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(1.) It is submitted by Mr. Singh, appearing for the petitioner
that pursuant to the direction of this Court passed in W.P.(S)
5990 of 2007 after thorough inquiry, by order dated 13.2.2008,
the Deputy Commissioner appointed the petitioner as Anganbari
Sewika and since then she was working, but she was removed by
the C.D.P.O., Jamtara under letter dated 7.6.2008 on the ground
that petitioner's educational certificates were found forged and
fabricated and then the C.D.P.O. directed respondent No. 6 Smt.
Nikhat Jahan to continue in place of petitioner. It is further
submitted that petitioner obtained certificate from the same
School to show that no such letter dated 16.5.2009 was sent by
the C.D.P.O. to the School for inquiry of the genuineness of the
certificate of the petitioner.
(2.) Counsel for the State submitted that in absence of counter
affidavit, he is not in a position to accept or controvert the
statement made by the petitioner in the writ petition. However, the
matter may be remitted to the Deputy Commissioner, Jamtara.
In view of the order I intend to pass, it is not necessary to
issue notice to respondent No. 6.
(3.) In the circumstances, petitioner is given liberty to file fresh
representation before the Deputy Commissioner, Jamtara, who
will look into the matter and will pass pass a reasoned order in
accordance with law, after giving opportunity of hearing to the
petitioner, the respondent no. 6 Smt. Nikhat Jahan and other
concerned person, if any as early as possible and preferably
within four weeks form the date of receipt of such representation.
It is made clear that this Court has not gone into the merits
of the claim of the petitioner.;
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