Petitioner challenged cancellation of her selection as Anganwadi Sevika due to a pending criminal case. The court held the post carries no security of tenure or Article 311 protection and is honorarium-based and contractual, so writ jurisdiction does not lie; remedy is before the civil court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9905 of 2024
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Shabya Devi @ Shabya Kumari Wife of- Ashok Tiwari, Resident of VillageTetari, Block- Chenari, P.S.-Chenari, District- Rohtas, Sasaram.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate For the Respondent/s : Mr. Amit Bhushan, AC to GP 17 ======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER
2 03-07-2024 The petitioner has filed the instant writ petition for quashing the order dated 13th June 2023 passed by the District Programme Officer, Sasaram, Rohtas, whereby the selection/appointment of the petitioner as Anganwadi Sevika of Tetari Centre No. 46 under Chenari Block in the District of Sasaram, Rohtas was cancelled due to pendency of a criminal case against her.
Patna High Court CWJC No.9905 of 2024(2) dt.03-07-2024 2/3
Constitution of India because the post of Anganwadi Sevika is not a post having security of tenure or protection under Article 311 of the Constitution of India.
Patna High Court CWJC No.9905 of 2024(2) dt.03-07-2024 3/3
(Bibek Chaudhuri, J)
Suraj Dubey/-
U
1 issue framed by the court
Whether a writ petition under Article 226 is maintainable challenging cancellation of appointment as Anganwadi Sevika on the ground of pendency of a criminal case.
Colour shows how this judgement treated each authority
Neetu Kumari v. The State of Bihar and OthersRelied on¶3
2011 (4) PLJR 20
Parvati Devi @ Parvati Singh vs. the State of Bihar and Ors.Relied on¶4
2024(1) BLJ 178
Urmila Kumari vs. The State of Bihar and Ors.Relied on¶4
2024(1) BLJ 361
Geeta Devi Vs. The State of Bihar & Ors.Relied on¶5
CWJC No. 2661 of 2018 (unreported decision dated 29th January 2024)
2 provisions across 1 enactments
Shabya Devi @ Shabya Kumari
The State of Bihar through the Principal Secretary, Social Welfare Department, Government of Bihar, Patna
The Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna
The Director, ICDS, Bihar, Patna
The District Magistrate, Rohtas, Sasaram
The District Programme Officer, District Programme Section, Rohtas, Sasaram, Bihar
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
