RESHMI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed against the judgment dtd. 4/4/2018 passed in CWJC No. 17349 of 2015 whereby and where under the writ petition has been dismissed.

(2.) The writ petitioner- appellant herein had filed a writ petition for quashing the order dtd. 23/5/2009 passed by the District Programme Officer, Aurangabad in Case No. 9 of 2009 whereby and where under the services of the petitioner as Anganbadi Sevika at Gram Panchayat, Khaira Bind, Manjurahi Anganbadi Center in the District of Aurangabad had been terminated as also the appellate order dtd. 16/2/2010 passed by the District Magistrate, Aurangabad in Anganbadi Service Appeal No. 30 of 2009 apart from having challenged the order dtd. 7/9/2011 passed by the Divisional Commissioner, Magadh Division in Appeal No. 82 of 2010.

(3.) The brief facts of the case, according to the appellant, are that she was selected and appointed as Anganbadi Sewika, whereafter she was performing her duty sincerely, however, on 22/5/2009 the District Panchayat Raj Officer, Aurangabad along with Block Panchayati Raj Officer had visited the center of the appellant herein which was found to be closed and a report to said effect was submitted before the District Programme Officer, Aurangabad stating therein that upon inspection, the said center was found closed and several persons had complained that the beneficiary children have not received Poshahar (take home ration). It is the further case of the appellant herein that the District Programme Officer, Aurangabad, upon having received the said enquiry report,had terminated the services of the appellant vide order dtd. 23/05/2009, without issuance of any show cause, which was challenged by the appellant herein in CWJC No. 12208 of 2009, however, the same was disposed off by a learned Single Judge of this Court vide order dtd. 15/9/2009 and the appellant herein was granted liberty to file an appeal. The appellant herein had then filed an appeal vide Anganbadi Appeal No. 30 of 2009 before the Collector, Aurangabad, however, the same was dismissed by an order dtd. 16/2/2010. The appellant herein had then challenged the said order dtd. 16/2/2010 by filing a writ petition bearing CWJC No. 7396 of 2010, however, the same was permitted to be withdrawn vide order dtd. 23/8/2010 passed by a learned Single Judge of this Court with liberty to the appellant herein to file appeal before the Commissioner, Magadh Division, Gaya. The appellant herein had then filed an appeal before the Divisional Commissioner, Magadh Division, Gaya, however, the same had been dismissed vide order dtd. 7/9/2011, which has been challenged before this Court. It is submitted that the order dtd. 23/5/2009 has been passed terminating the services of the appellant herein without issuance of any show cause, hence, the same is fit to be set aside.