- (1.) DESPITE the directions given by this Court vide order dated 11th of December, 2007 in WP(S) No. 3698 of 2007 mainly to consider the report to be given by the Deputy Commissioner, Plalamau before passing an order by the concerned respondent authorities for the post of Anganbari Sevika of the petitioner, no attention has been paid by the concerned respondent authorities upon a detailed reports submitted by the Additional District Magistrate, Law and Order, Palamau dated 21st of April, 2007 (Annexure -5 to the memo of the present petition) and without considering this report an impugned order dated 3rd March, 2008 has been passed by the respondent No. 4 (Annexure -10 to the memo of the present petition) and, therefore, one more petition in the form of present petition has been preferred by the petitioner.
(2.) HAVING heard learned counsels for both sides and looking to the facts and circumstances of the case, it appears: - (a) that initially non -speaking order was passed by the concerned respondent authorities cancelling the appointment of the present petitioner from the post of Anganbari Sevika vide order dated 20th April, 2007. (b)that thereafter WP(S) No. 3698 of 2007 was instituted which was disposed of vide order dated th of December, 2007 wherein it has been held: - " In this view of the matter, this writ application is being disposed of by giving liberty to the petitioner to file a fresh representation before the DeputyCommissioner, Palamau (Respondent No. 4)stating in detail about her claim and grievance alongwith supporting documents, if any, within a period of two weeks. If such a representation is filed by the petitioner within the said period of two weeks, the DeputyCommissioner, Palamau shall consider and look into claim/grievance of the petitioner and, thereafter, take a decision on the basis of the materials on record and pass an appropriate reasoned order in accordance with law within a period of eight weeks from the date of filing of such representation.  The aforesaid order is at Annexure -9 to the memo of the present petition. (C) that in pursuance of the order dated 11th of December, 2007 passed by this Court, a detailed inquiry was conducted by the Additional District Magistrate, Law and Order, Palamau. Looking to the evidences advanced by the present petitioner, the report was given on 21st of April, 2007 which is Annexure -5 to the memo of the present petition wherein it has been held that the charges levelled against the present petitioner are not warranted. Looking to the facts and evidences on record, no illegality has been committed by the present petitioner and several other allegations were based on presumptions and surmises. Without considering this report, it appears that the respondent no. 4 has passed the order dated 3rd March, 2008 (Annexure -10 to the memo of the present petition) whereby the services of the present petitioner has been brought to an end as Anganbari Sevika. (d) Thus, looking to the aforesaid facts and report given by the Additional District Magistrate, Law and Order, Palamau dated 21st of April, 2007 (Annexure -5), the charges are not proved against the present petitioner. This report has not been considered at all by the respondent no. 4 while passing the order at Annexure -10. Thus, there is a clear non -application of mind on the part of the respondent no. 4 before passing the impugned order dated 3rd March, 2008. In fact, there is a clear breach of an order passed by this Court in WP (S) No. 3698 of 2007 (Annexure -9 to the memo of the present petition). In no unequivocal terms and in no unambiguous words, the order was passed by this Court that report to be given by the Deputy Commissioner, Palamau shall be considered and the respondent No. 4 has ignored this direction given by the Court. As a cumulative effect of the aforesaid facts and circumstances, I hereby quash and set aside the order passed by the respondent No. 4 dated 3rd March, 2008 (Annexure -10 to the memo of the present petition) and respondents are at liberty to pass a fresh order after considering the report given by Additional District Magistrate, Law and Order, Palamau dated 21st of April, 2007 (Annexure -5 to the memo of the present petition).
(3.) THIS writ petition is allowed, in view of the aforesaid direction.;