SEEMA DEVI Vs. STATE OF HP

JUDGEMENT

(1.) By way of present civil writ petition filed under Section 226 of the Constitution of India, prayer has been made on behalf of the petitioner for issuance of writ of certiorari, setting aside order dated 18.12.2013 (Annexure P-5) and inquiry report dated 10.3.2011 (Annexure P-1), passed/issued by respondents No. 2 and 4, respectively.

(2.) Briefly stated facts as emerge from the record are that in the year, 2007, the petitioner herein was selected to the post of Anganwari Worker in Anganwari Centre Bahi, Tehsil Paddhar, District Mandi, H.P. Respondent No.6 being aggrieved and dissatisfied with Whether the reporters of the local papers may be allowed to see the judgment? selection of the petitioner preferred an appeal before the Deputy Commissioner, Mandi, who accepted the appeal and set aside the selection of the petitioner. Petitioner being aggrieved and dissatisfied with order passed by the Deputy Commissioner, preferred an appeal in the court of learned Divisional Commissioner, Mandi, who while partly allowing the appeal though held that the petitioner falls in the feeder category being resident of Village Bahi, but upheld the order of Deputy Commissioner qua the issue of income of the petitioner. Since the petitioner was not satisfied with the aforesaid order passed by the Divisional Commissioner, she preferred CWP No. 614 of 2009, before this Court. Division Bench of this Court vide common judgment remanded case of the petitioner alongwith similar cases to the concerned Deputy Commissioner(s) for inquiring/verifying the income certificate issued by concerned Tehsildar(s).

(3.) Executive Magistrate/Niab Tehsildar, Padhar District Mandi, after having conducted comprehensive inquiry, vide order dated 27.4.2007, held certificate furnished by the petitioner to be incorrect and concluded that annual income of the petitioner is Rs.28,000/- p.a. Petitioner objected to aforesaid report submitted by the Niab Tehsildar on the ground that he(Niab Tehsildar) is related to respondent No.6 and as such, matter again came to be inquired by the Tehsildar, Padhar District Mandi, who vide order dated 31.5.2000 again reiterated that monthly income of the petitioner is Rs. 28,000/-.