- (1.) The present petition has been preferred against the order dated 11th June, 2009 (Annexure 2 to the memo of the petition) passed by the Child Development Project Officer, Mohanpur Block, district Deogha mainly for the reason that the impugned order is a non-speaking order and moreover, even if the case of the respondent is accepted, looking to the counter affidavit, it appears that there is absenteeism of only one day. The petitioner is working as an Anganbari Sevika since November, 1985. During this period no show-cause notice was ever given to the petitioner in the past and she served the respondents during this period of more than 23 years honestly, sincerely, diligently and to the satisfaction of the respondents and suddenly her services have been brought to an end on 11th June, 2009 only for the reason that she was absent for a day when the inspection was carried out and therefore, quantum of punishment appears to be grossly or shockingly disproportionate. Counsel for the respondents submitted that a detailed counter affidavit has been filed and it has been stated in the counter affidavit that the officers of the State holding high posts visited the Anganbari Center, where the petitioner was posted, on 5th May, 2009. The petitioner was found absent. On 6th May, 2009, a show-cause notice was given to the petitioner that the petitioner was not present on 5th May, 2009 at 9.30 a.m. when the officers of the respondent State visited the Anganbari Center. The show-cause notice was replied to by the petitioner and it has been stated that on the very day she had some health related problems and therefore she has gone to the Doctor and she has accepted that she was absent. Thereafter, her services have been terminated without holding any enquiry and hence the petition deserves to be dismissed.
(2.) Having heard counsel for both sides and looking to the facts and circumstances of the case, I, hereby, quash and set aside the order dated 11th June, 2009 passed by the C.D.P.O., Mohanpur, district Deoghar mainly for the following facts and reasons: (I) The present petitioner was appointed as Anganbari Sevika from November, 1985 and she was serving for more than 20 years. During this period she was never been given any show-cause notice for any misconduct. She was working honestly, sincerely, diligently and to the satisfaction of the respondents. It appears that on 5th May, 2009 the officers of the respondent State had visited the Anganbari Centre, where the petitioner was posted, at 9.30 a.m. and the petitioner was found absent and therefore, immediately on 6th May, 2009, a show-cause notice was given to the petitioner. (II) As per the rejoinder affidavit filed by the petitioner, it appears that the said notice was replied to on the same day, which is at Annexure 7 to the rejoinder affidavit filed by the petitioner. The reason given by the petitioner is that on the very day she has some health related problem and went to a doctor. Thus, looking to the show-cause notice and reply, it appears that there was absenteeism of the petitioner only for done day, i.e. on 5th May, 2009, which is the highest case of the respondents against the petitioner. For absenteeism of one day services of the petitioner have been terminated though the petitioner have been working since past 20 years and during this period no notice was ever served upon her for any misconduct. Therefore, the punishment is shockingly disproportionate and the said impugned order is a thoroughly non speaking one. No reason have been assigned for termination of the services of the petitioner in the order dated 11th June, 2009 (Annexure 2 to the memo of the petition), which is passed by the C.D.P.O. Mohanpur, District Deoghar. It ought to be kept in mind by the respondent State that whenever any employee is working for more than two decades, only for a day's absenteeism her services should not be terminated and in such cases a warning would have been sufficient. In this case petitioners services have been terminated without appreciating the aforesaid aspect.
(3.) I, therefore, quash and set aside the order dated 11th June, 2009 (Annexure 2 to the memo of the petition) passed by the Child Development Project Officer, Mohanpur Block, district Deoghar.;