Allowed

Pushpa Devi v. Social Welfare Women and Child Development Dept

Jharkhand HC23 Jul 2019WPC/4682/2014

Case brief

AI extract

What is this about?

The High Court of Jharkhand allowed a writ petition seeking to quash an order passed by the Deputy Development Commissioner. Relying on Smt. Tara Devi, the court held the officer lacked jurisdiction and quashed the order, remitting the matter to the competent authority.

What did the court decide?

The impugned order dated 15.07.2014 is quashed and the matter remitted to the competent authority to pass a fresh order.

Pushpa Devi Vs Social Welfare Women and Child… — Service and Employment | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4682 of 2014

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Pushpa Devi w/o Sita Mochi, resident of village- Hisara Barwadih, P.O. & P.S. Patan, District-Palamau, Jharkhand. ..... Petitioner

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Versus

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The State of Jharkhand

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The Secretary Social Welfare, women & child Development Dept. Government of Jharkhand At Project Building, P.O. & P.S.- Dhurva, District- Ranchi.

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The Deputy Commissioner, Palamau. At P.O. & P.S.- Daltonganj, District- Palamau. ...... Respondents

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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Shailendra Kumar Tiwari, Adv. For the Respondents : Mr. Sunil Singh, A.C to S.C Mines

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Order No. 11: Dated 23^rd July, 2019

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Heard Mr. Shailendra Kumar Tiwari, learned counsel for the petitioner and Mr. Sunil Singh, learned counsel on behalf of the respondent-State.

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The present writ petition has been filed for quashing the order dated 15.07.2014 passed by the Deputy Development Commissioner, Palamau.

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Learned counsel appearing for the petitioner, at the outset, submits that Deputy Development Commissioner, has got no power to pass such order.

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Relying upon the case of Smt. Tara Devi Vs. State of Jharkhand & Ors. in W.P.(S) No. 517 of 2012 dated 19.06.2013, wherein, it has been held that District Development Commissioner has got no jurisdiction to remove the Angan Bari Sevika, and such power is vested with the selection committee which can make such recommendations for removal of Angan Bari Sevika to the Child Development Project Officer, who in turn, can pass such order, learned counsel for the petitioner submits that in view of the ratio laid down in the case of Smt. Tara Devi (supra) impugned order cannot survive.

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Accordingly, the impugned order dated 15.07.2014 is quashed. The matter is remitted back to the competent authority, who will pass a fresh order in accordance with law.

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This writ petition is allowed and disposed of.

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(Sanjay Kumar Dwivedi, J.)

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Raja /

Pushpa Devi v. Social Welfare Women and Child Development Dept

Case brief

What is this about?

What did the court decide?

Pushpa Devi v. Social Welfare Women and Child Development Dept

Case brief

What is this about?

What did the court decide?

What the court decided

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