Allowed

Smt Sushma Sharma and Another v. State of Up and 5 Others

Allahabad HC11 Sept 2024WRIC/4033/2024

Case brief

AI extract

What is this about?

Petitioners challenged the cancellation of their appointments as a Member of the Child Welfare Committee and Chairman of Chief Welfare Committee in Bijnor. The court quashed the order, holding that the enquiry was conducted ex parte, the report was not shared, and rules were not followed.

What did the court decide?

Impugned order dated December 13, 2023 quashed and set aside; writ petition allowed.

Smt Sushma Sharma and Another vs State of Up and 5… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:148880-DB

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Court No. - 40

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Case :- WRIT - C No. - 4033 of 2024 Petitioner :- Smt Sushma Sharma And Another Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Bhuvnesh Kumar Singh Counsel for Respondent :- C.S.C.

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Hon'ble Shekhar B. Saraf,J. Hon'ble Manjive Shukla,J.

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Heard learned counsel appearing on behalf of the petitioners and the learned Standing Counsel appearing on behalf of the State.

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This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioners are aggrieved by the order dated December 13, 2023 passed by the respondent authorities whereby the appointment of petitioner No.1 as Member of the Child Welfare Committee, Bijnor and appointment of petitioner No.2 as Chairman of Chief Welfare Committee, Bijnor have been cancelled.

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Counsel appearing on behalf of the petitioners submits that the term of the petitioners has already expired. He further submits that the enquiry report dated November 16, 2023, on the basis of which the impugned order has been passed, was an ex parte report.

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It is to be noted that the copy of the aforesaid enquiry report was not provided to the petitioners and that the rules in relation to the cancellation of appointment of the Chairman and Member of Child Welfare Committee have also not been followed. It is also to be noted that that the impugned order is based on the ex parte enquiry report. Furthermore, no opportunity of hearing was granted to the petitioners before passing the impugned order. In light of the same, it is clear that entire process of cancellation of appointment of the petitioners is de hors the rules.

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In light of the above, the impugned order dated December 13, 2023 is quashed and set aside. The writ petition is allowed.

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Order Date :- 11.9.2024 Rakesh

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(Manjive Shukla, J.) (Shekhar B. Saraf, J.)

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Digitally signed by :- RAKESH MEHTA High Court of Judicature at Allahabad

Smt Sushma Sharma and Another v. State of Up and 5 Others

Case brief

What is this about?

What did the court decide?

Smt Sushma Sharma and Another v. State of Up and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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