JUDGEMENT
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(1.) The present petition has been preferred mainly against an
order, passed by the District Programme Officer, Ranchi,
dated 4th February, 2008, which is at Annexure 3 to the
memo of petition, whereby, the services of the petitioner have
been brought to an end.
(2.) Learned counsel for the petitioner submitted the petitioner
was appointed as Anganbari Sahayika with effect from 23rd
May, 2007. Thereafter, the petitioner has also undergone
necessary training to the satisfaction of the respondents and
thereafter, she has worked as Anganbari Sahayika and
abruptly, without assigning any reason, whatsoever, by
thoroughly a non-speaking order, the District Programme
Officer, Ranchi, has terminated the services of the petitioner
vide letter dated 4th February, 2008, which is at Annexure 3
to the memo of petition. It is submitted by the learned
counsel for the petitioner that the impugned order is not
giving any reason, whatsoever, for termination of the services
of the present petitioner. It is also submitted by the learned
counsel for the petitioner that the officer, who has passed
the impugned order, has not applied his mind at all, and
upon direction of some another officer, the District
Programme Officer, Ranchi, has terminated the services of
the petitioner. Thus, nobody knows what is the direction
given by the high ranking officer to the District Programme
Officer, Ranchi. Likewise, it is also submitted by the learned
counsel for the petitioner that what must have weighed with
the high ranking officer for giving a direction for termination
of the services of the petitioner is also not known to the
petitioner. Thus, the petitioner has been kept totally in dark
and some high ranking officer has taken a decision for
terminating the services of the petitioner.
(3.) Learned counsel for the respondent-State has submitted that
the District Programme Officer has heard the petitioner. This
contention has been opposed by teeth and nail by the
learned counsel for the petitioner, who has submitted that a
high ranking officer has given the direction to the District
Programme Officer, Ranchi. Thus, hearing has taken place
before one officer and another officer has given a direction
for termination. This is a gross violation of the basic
principles of administrative law. Under an expected principle
of administrative law, a hearing, if given by one officer and if
the order is passed by another officer, is an illegality and,
therefore also, the impugned order at Annexure 3 deserves to
be quashed and set aside.;
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