SARITA DEVI Vs. STATE OF JHARKHAND
LAWS(JHAR)-2014-1-24
HIGH COURT OF JHARKHAND
Decided on January 27,2014

SARITA DEVI Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) HEARD counsel for the petitioner and learned counsel appearing on behalf of the State.
(2.) BY the impugned order contained in Letter No. 195 dated 23rd February 2013 issued by the District Social Welfare Officer, Lohardaga (Respondent No. 3), the Chief Development Project Officer, Kisko (Respondent No. 4) was directed to terminate the service of the petitioner and undertake a fresh selection process to select a new Aanganwari Sevika for the centre Bethat Satpara in Kisko block in the district of Lohardaga. The petitioner is aggrieved by the said communication on the ground that it is passed on the direction of the Deputy Commissioner, Lohardaga who has been conferred with the power of Appellate Authority in terms of Circular dated 2nd June 2006 (Annexure -1) issued by the Department of Women, Social Welfare, and Child Development, Government of Jharkhand. It is also assailed on the ground that it is non speaking and has been passed in mechanical manner. The petitioner assails it further on the ground that no proper opportunity of notice or show -cause has been given as under letter no. 31st January 2013 issued under the signature of District Social Welfare Officer, Lohardaga, only 24 hours time was given to her to file reply to the said show -cause.
(3.) ON merits, it was replied also by the petitioner vide Annexure -9 giving reasons. The impugned order however does not reflect such application of mind before terminating the services of the petitioner who was working as a Aanganwari Sevika in the said Centre having been appointed on 16th November 2006 after due selection process and underwent training also thereafter as a mandatory condition for joining the duty vide Annexure -2 which is appointment letter. She completed the mandatory training of one year vide Annexure -4 dated 31st January 2007 and also completed the training in Integrated Management of Neonatal and Childhood Illness vide Annexure -5 dated 5th October 2010 and completed further training of Refresher Course of Aanganwari Sevika from 9 th August 2011 to 15th August 2011 vide Annexure -6 which is a certificate to that effect.;


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