SAJDA BANO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has been terminated from the Dhaka Centre, district Banka where she was working as an Aanganbari Sevika vide Annexure-6 dated 14.01.2008 passed by the Director of the Integrated Child Development Officer. Annexure-4, the impugned order would indicate that the Director came to know that on inspection made by the District Welfare Officer, the petitioner had not performed her duties and had not distributed the ration under the welfare scheme to women and children of more than one tola.

(2.) This writ application is being disposed of on the ground that the Guidelines, 2006 for the appointment of Aanganbari Sevika indicate that the Aanganbari Sevika can only be removed by the order of the District Magistrate. The Child Project Officer or any Officer can make a complaint against the nonperformance of duties of an Aanganbari Sevika or any Government servant. After such a complaint is received, there should be an enquiry. The District Magistrate will be empowered to entrust the enquiry to any Officer whom he thinks fit and proper. Where there is an allegation of non-performance of duties, such enquiry should necessarily contain the names of those persons who have made a complaint against the incumbent. On receipt of such a complaint, an opportunity has to be given to the persons against whom the complaint is made

(3.) Apparently, in this case, no such procedure has been followed, the Director is not empowered to pass order of dismissal. At the most, he could have referred the matter to the District Magistrate along with the enquiry report, if any, and the District Magistrate could have issued notice to the petitioner and passed an appropriate order.