SUNITA DEVI Vs. STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2013-1-228
HIGH COURT OF JHARKHAND
Decided on January 02,2013

SUNITA DEVI Appellant
VERSUS
State Of Jharkhand And Ors. Respondents

JUDGEMENT

Narendra Nath Tiwari, J. - (1.) THE petitioner has challenged the impugned order being Memo No. 447 dated 11.4.2012, issued by the District Social Welfare Officer, Palamau whereby the petitioner has been removed from the post of Angan Bari Sevika of Angan Bari Kendra, Karmaha, Chainpur, District Palamau. It has been stated that the petitioner was duly selected and appointed as Angan Bari Sevika. The said respondent has no jurisdiction to arbitrarily remove her from the said post, on the ground of the alleged misconduct.
(2.) LEARNED counsel appearing on behalf of the petitioner referred to Clause 16 of the guidelines issued in the matter by memo No. 03/ SaKa -134/2002 -Ka -585 dated 2.6.2006. It has been submitted that Angan Bari Sevika/ Sahayika can be removed only by Child Development Project Officer (CDPO) on prior approval of the Deputy Development Commissioner. But the impugned order of removal of the petitioner has been issued by the District Social Welfare Officer, which is wholly without jurisdiction. The respondents have contested the writ petition and submitted that though the order has been issued by the District Social Welfare Officer, the same has been done at the direction of the Deputy Development Commissioner, Palamau. Irregularity was found by the CDPO, Chainpur and on the basis of that irregularity, direction was issued by the Deputy Development Commissioner, Palamau. In view thereof, order is not arbitrary and illegal.
(3.) I have heard learned counsel for the parties.;


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