PRATIMA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 15. 03. 2004, passed by the learned single Judge in Writ Petition (C) No. 9089 of 2003 whereby and whereunder the learned Single Judge dismissed the writ petition filed by the appellants refusing to set aside the order dated 31. 10. 2003, passed by the Child Development Project Officer (I/c.), Raha ICDS Project, Raha, Nagaon, (herein after referred to as "the CDPO, (I/c.), Raha ICDS Project") terminating their engagement as Anganwadi Workers with effect from the date of issuance of such orders. The fact relevant for the purpose of the present appeal is narrated below :

(2.) DURING the course of hearing of the present appeal on 01. 12. 06 as it revealed from the contention of the learned counsel appearing for the contesting parties that both the parties namely the appellants as well as the private respondents claimed to be selected for engagement as Anganwadi Workers, on the basis of the advertisement dated 17. 08. 2001 and the record produced before the Court reveals the existence of two sets of documents, one bearing the signature of the CDPO (I/c) Raha ICDS Project only, purportedly containing the marks obtained by each of the candidates in written as well as viva-voce test, without the signature of any of the members of the Selection Committee and the other containing the signatures of some of the members of the Selection Committee including its Chairman, which list contains the names of the present appellants, the Court on 08. 12. 2006, because of such discrepancy, after recording the factual position has directed the Commissioner and Secretary to the Government of Assam, Social Welfare Department to conduct an enquiry on the following issues :

(3.) THE Secretary to the Government of Assam, Social Welfare Department after conducting a detailed enquiry vide covering letter dated 8th January, 2007, submitted a report to this Court with the following findings :