The High Court of Patna allowed the petitioner's writ petition, holding that terminating an Anganwari Sewika without a show cause notice violates principles of natural justice, as established in precedent.
The impugned orders of the District Magistrate and the Commissioner dated 2.7.2009 and 11.8.2009 are set aside.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.16651 of 2009
Versus
the State.
The petitioner claims to have been ousted from the post of Anganwari Sewika by the District Magistrate by order dated 2.7.2009, without a show cause notice. She moved before the Commissioner aggrieved who by the order dated 11.8.2009 held there was no requirement to comply with the principles of natural justice by giving a show cause notice and considering the cause shown.
The finding of the Commissioner is in teeth of the law laid down by this Court in 2004(2) PLJR 833 with regard to termination of services of an Anganwari Sewika that compliance with the principles of natural justice it was a basic requirement in the nature of the
2
appointment.
The impugned order of the District Magistrate dated 2.7.2009 and of the Commissioner dated 11.8.2009 are not sustainable. They are, accordingly, set aside.
The application stands allowed.
P. Kumar
(Navin Sinha, J.)
2 issues framed by the court
Whether principles of natural justice require a show cause notice before termination of an Anganwari Sewika
Whether the order of the District Magistrate ousting the petitioner from her post is sustainable
Colour shows how this judgement treated each authority
2004(2) PLJR 833Distinguished¶16
1 provisions across 1 enactments
ASHA DEVI W/O SRI NAND KISHORE THAKUR
THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE SAMASTIPUR
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
