Disposed

Nuria Khatun v. the State of Assam and 6 Ors.

Gauhati HC8 Nov 2021WP(C)/1809/2015

Case brief

AI extract

What is this about?

Petitioner, an Anganwadi worker denied re-engagement after bail, alleged arbitrary exclusion. Court held absence of formal procedure rendered her non-appointment as punishment. Court directed respondent to process her representation within three months while reserving right to initiate legal action later.

What did the court decide?

Respetent No. 3 directed to note the 2013 representation and pass necessary order within three months from filing of fresh representation.

Nuria Khatun Vs the State of Assam and 6 Ors. — Pension and Retirement Benefits | Gauhati HC (2021)

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GAHC010011142015

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/1809/2015

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NURIA KHATUN

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W/O- JOHRUL HAQUE, R/O VILL.- ISABPUR, P.O.- ISABPUR, DIST.BARPETA, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 6 ORS REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, SOCIAL WELFARE DEPTT., DISPUR, GHY- 6, ASSAM.

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2:THE DY. SECY. TO THE GOVT. OF ASSAM SOCIAL WELFARE DEPTT. DISPUR GHY- 6 ASSAM. 3:THE DIRECTOR SOCIAL WELFARE ASSAM UZAN BAZAR GHY- 1 ASSAM. 4:THE PROGRAMME OFFICER DIVISIONAL ICDS CELL KAMRUP BELTOLA GHY- 28. 5:THE DIST. SOCIAL WELFARE OFFICER BARPETA DIST.- BARPETA

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ASSAM.

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6:THE CHILD DEVELOPMENT PROJECT OFFICER RUPSHI ICDS PROJECT KALGACHIA DIST.- BARPETA ASSAM. 7:THE CIRCLE SUPERVISIOR RUPSHI ICDS PROJECT KALGACHIA DIST.- BARPETA ASSAM

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Advocate for the Petitioner : MR.I AHMED

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Advocate for the Respondent :

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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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08.11.2021

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Heard Mr. I. Ahmed, learned counsel for the petitioner and Mr. S.S. Roy, learned counsel representing for the State respondents.

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By way of this writ petition, the petitioner alleges that though she was working as Anganwadi worker in Anganwadi Centre No. 101, Isabpur(B) under the Rupshi ICDS project since 2002. But due to her arrest in a criminal case, she has not been allowed to continue as Anganwadi worker even after her release on bail by this Court. She alleges that no suspension order has been issued and no procedure followed while not allowing her to continue in her engagement.

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Percontra Mr. S.S. Roy, submits that the petitioner was involved in misappropriation of fund made for child and people of the locality was not happy with her works. Therefore, an FIR was lodged on the basis of which the

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petitioner was arrested and therefore she was out of service.

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Be that as it may.

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The fact remains that no procedure whatsoever has been initated against the petitioner and not allowing her amounts to a punishment which cannot be allowed without due process of law. Therefore for the ends of justice, this Court directs the respondent No. 3 to take note of the representation dated 12.09.2013 and pass necessary order as per law.

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It is made clear that the respondent authorities will be at liberty to proceed against the petitioner as per law.

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The petitioner may also file a fresh representation since the representation is of 2013. The entire process will be completed within a period of 3(three) months from the date of filing of the fresh representation along with a copy of this order.

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With the above terms, the writ petition is disposed of.

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JUDGE

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Comparing Assistant

Nuria Khatun v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Nuria Khatun v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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