KURMILA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ISSUE raised in this writ petition pertains to the appointment of Anganwadi Worker at Anganwadi Centre Ward No. 7(II), Nurpur, Tehsil Nurpur, District Kangra. In the nature of the order, we propose to pass in this matter, it is not necessary to go into the merits of the case since the matter needs to be remanded to the Deputy Commissioner. It is seen that this Court has already directed the Deputy Commissioner to pass appropriate orders in the appeal filed by the petitioner vide judgment dated 29.7.2009 in C.W.P. No. 1667 of 2007, but we find that the order has been passed by the Additional District Magistrate, Kangra. Once a specific direction had been issued, the Deputy Commissioner cannot but pass orders strictly in compliance with the directions issued by this Court. Therefore, we, without expressing any opinion on the merits of this case, set aside Annexure P-6, order passed by the Additional District Magistrate, Kangra, and remit the matter to second respondent, Deputy Commissioner, with a direction to consider the appeal with notice to the petitioner and fifth respondent and decide the same himself. The needful shall be done within a period of four weeks from the date of production of the certified copy the judgment alongwith copy of the writ petition by the petitioner. It is made clear that it shall be open to the petitioner to take all the contentions available to him before the second respondent. Till the orders are passed by the second respondent, the present arrangement will continue.

(2.) THE petition stands disposed of, so as the pending application(s), if any. Copy dasti, on usual terms.