Dismissed

Babita Kumari v. The State Of Bihar and Ors.

Patna HC23 Jan 2014CWJC/20268/2012

Case brief

AI extract

What is this about?

Petitioner challenging removal as Anganwari Sevika sought judicial review. Court noted allegations serious but opportunity for hearing was granted. Held findings not to be interfered with; Writ dismissed allowing removal but noting right to remuneration.

What did the court decide?

Petitioner dismissed from post but free to claim remuneration for period worked. Writ petition dismissed.

Babita Kumari Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20268 of 2012

¶2

====================================================== Babita Kumari W/o Kishore Kumar, resident of Mohalla- Purbi Anwarpur, P.S- Hajipur Town, Centre No. 41 (Hajipur Sadar), District- Vaishali. .... .... Petitioner Versus 1. The State of Bihar through the Principal Secretary, Department of Social and Welfare, Govt. of Bihar, Patna. 2. The Director, I.C.D.S, Government of Bihar, Patna. 3. The Commissioner, Tirhut Division, Muzaffarpur. 4. The District Magistrate (Collector), Vaishali at Hajipur. 5. The District Programme Officer, Vaishali at Hajipur. 6. The C.D.P.O. Hajipur Sadar, District-Vaishali at Hajipur. .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Sabal Kumar Jha, Advocate For the Respondents : Mr. Nirbhay K.Singh, GP-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER

¶3

2 23-01-2014 Heard counsel for the petitioner and the counsel for

¶4

the State.

¶5

The orders under challenge are the order of the District Programme Officer, Vaishali as well as the order of the District Magistrate, Vaishali, by virtue of which the decision to remove the petitioner from the post of Anganwari Sevika was taken.

¶6

On an inspection of the Centre on three days, a consistent kind of performance and omission came to the notice of the authority on which show cause was issued to the petitioner, who happens to be a Sevika attached to the Centre. It is contended that no enquiry report was given, that there is no

¶7

Patna High Court CWJC No.20268 of 2012 (2) dt.23-01-2014

¶8

2/2

¶9

endorsement in any of the registers with regard to such visits as well as the allegations are vague.

¶10

The visits, the allegation and the conduct of the petitioner would emerge from the show cause itself. Except of generality of submissions, no proper defence, as such, seems to be emerging even from the reading of Annexure-1 or the order of the District Magistrate. This Court can take judicial notice of the fact that most of the centers which have been set-up with the object of removing malnutrition of the children belonging to the B.P.L. category are neither serving the purpose or the object under such policy. The only persons who are benefiting are the ones running the centre to their advantage and for their enrichment.

¶11

The allegations being rather serious and the opportunity of hearing having been given to the petitioner, the findings are not required to be interfered with. The petitioner is free to assert her right for payment of remuneration for the period of work.

¶12

Writ is dismissed.

¶13

(Ajay Kumar Tripathi, J)

¶14

Pawan/-

Babita Kumari v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Babita Kumari v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

G.v. Nutan Vs The Bihar Combined Entrance Competitive Examination Board and Anr.

Narayan Mandal Vs Bihar School Examination Board and Ors.

Anusuchit Jati/jan and Anr. Vs The State Of Bihar and Ors.

Pushpa Kumari Vs The State Of Bihar and Ors.

Dhirendra Kumar Yadav and Ors. Vs The State Of Bihar and Ors.

Vinod Kumar Vs The State Of Bihar and Ors.