LAWS(PAT)-2013-5-22

KALPANA DEVI Vs. STATE OF BIHAR

Decided On May 09, 2013
KALPANA DEVI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE prayer of the petitioner in this writ application reads as follows:-

(3.) IN this case, a counter affidavit has been filed wherein the impugned order passed by the District Programme Officer and its affirmance in appeal by the Collector has been sought to be justified on the ground that the Director, I.C.D.S. in his letter dated 956 dated 14.3.2012 (Annexure-A to the counter affidavit) has laid down that if at any point of time during the functioning of the centre on any date if the presence of the children is less than fifteen, steps has to be taken for removal of the Anganbari Sevika. It has also been stated in the counter affidavit that the show-cause reply of the petitioner was taken into consideration and her plea that after inspection of the Female Supervisor, thirty-two children had turned up at the centre and were also found by the member of Panchayat Samiti in course of his inspection cannot be believed much less acted upon. Learned counsel for the State, therefore, while drawing support from the counter affidavit has submitted that there would be no requirement of any interference in the two impugned orders.