Kulwanti Devi Vs State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

Kulwanti Devi Vs State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application disposed of with observation: if any seat at the Anganwari Centre is vacant, the petitioner's case is to be considered in view of the absence of a show cause notice before the Memo dated 27.08.2016 removal order, with any such order to be passed in accordance with applicable Rules & Regulations.

Issue for consideration

Whether the writ petition seeking quashing of the order dated 20.07.2018 passed in Miscellaneous Appeal Case No. 08/2017 — which dismissed the petitioner's appeal and affirmed the Memo dated 27.08.2016 removing her from the post of Anganwari Sewika of Anganwari Centre, Tarwadih North, District-Latehar — should be granted.

Court's answer

As the Additional Advocate General could not state whether any seat is vacant at the Anganwari Centre, the writ application is disposed of with an observation that the petitioner's case be considered if any seat of the Anganwari Centre is vacant.

Ratio / Principle

If a seat is vacant, the petitioner's case is to be considered in the light of the fact that no show cause notice was issued before the order under Memo dated 27.08.2016.

Key takeaways

Any such order must be passed in accordance with applicable Rules & Regulations.ratio¶21
From the record, it appears that no show cause notice was given in this case.obiter¶17
The case has been pending before this Court for the last 7 years and there is no averment as to whether the seat is vacant at the said Anganwari Centre.obiter¶20

Detailed headnote1 paragraphs

Writ Petition (Service) — Removal from post of Anganwari Sewika — Disposal with observation. Kulwanti Devi was removed from the post of Anganwari Sewika, Anganwari Centre, Tarwadih North, District-Latehar by Memo dated 27.08.2016 issued by the Child Development Project Officer, Latehar, without any show cause notice having been given. Her Miscellaneous Appeal Case No. 08/2017 before the Deputy Commissioner–cum-District Magistrate, Latehar was dismissed by order dated 20.07.2018, affirming that Memo, and the present writ petition sought quashing of that order. As the matter had been pending for about 7 years, there was no averment whether the seat was vacant, and the Additional Advocate General could not confirm any vacancy, the Court (Deepak Roshan, J.) disposed of the writ application with the observation that if any seat at the Anganwari Centre is vacant, the petitioner's case be considered in the light of the absence of a show cause notice before the Memo dated 27.08.2016, and that any such order must be passed in accordance with applicable Rules & Regulations. Dated 3rd February, 2026.

2026:JHHC:2835

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 5267 of 2018

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Kulwanti Devi aged about 44 years W/o Ashok Saw, resident of village Tarwadih, P.O. Nawagarh, P.S. Latehar, District-Latehar ....... Petitioner Versus

State of Jharkhand.

Deputy Commissioner cum District Magistrate, Latehar, P.O and P.S. Latehar, District-Latehar

Deputy Development Commissioner, Latehar, P.O. and P.S. Latehar, District-Latehar

District Social Welfare Officer, Latehar, P.O. and P.S. Latehar, District-Latehar.

Child Development Project Officer, Latehar, P.O. and P.S. Latehar, District-Latehar ... Respondents

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CORAM : HON’BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner(s) : M/s. R. Mahali, Jitendra Shankar Singh, Shobha Rani, Advocates For the Respondents : Mr. Sachin Kumar, AAG-II

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07/03.02.2026 Heard learned counsel for the parties.

2. The instant writ petition has been filed for quashing the order dated 20.07.2018 passed in Miscellaneous Appeal Case No. 08/2017 by learned Deputy Commissioner–cum-District Magistrate, Latehar; whereby the concerned respondent has dismissed the Miscellaneous Appeal Case No. 08/2017 filed by the petitioner and has affirmed the Memo dated 27.08.2016 issued by Child Development Project Officer, Latehar by which the 5^th Respondent has removed the petitioner from the post of Anganwari Sewika of Anganwari Centre, Tarwadih North, District-Latehar.

3. From the record, it appears that no show cause notice was given in this case; however, the impugned order was challenged before the Deputy Commissioner in

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2026:JHHC:2835

Miscellaneous Appeal Case No. 08/2017 and the case is pending before this Court since last 7 years and there is no averment as to whether the seat is vacant or not in the said Anganwari Centre .

4. Learned Additional Advocate General is not in a position to submit as to whether any seat is vacant or not in the said Anganwari Centre; therefore, the instant writ application is hereby disposed of with an observation that if at all any seat of Anganwari Centre is vacant; then, the case of the petitioner be considered in the light of the fact that before passing the order issued under Memo dated 27.08.2016, no show cause notice was issued. Any such order must be passed in accordance with applicable Rules & Regulations.

5. With the aforesaid observation, the instant writ application stands disposed of.

(Deepak Roshan, J.)

3^rd February, 2026 Jk

Uploaded on 12/03/2026

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