RAKHI KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present Appeal arises from order dated 14.3.2013 in C.W.J.C. No. 4418 of 2013. The learned Single Judge held that once resignation was submitted and it was deemed to have been accepted after expiry of the stipulated time provided in the circulars, the questions of withdrawing the same did not arise. Learned counsel for the Appellant submitted that it was her specific case that the resignation had not been submitted voluntarily but circumstances were created by respondent No. 9, the Mukhiya of the Gram Panchayat and his brother respondent No. 10 where she was left with no option but to submit her resignation for her own safety and security and that of her husband, unable to bear the repeated torments and humiliation being held out by them. She had lodged a complaint case against the physical assault made upon her by respondent No. 9 registered as SC/ST P.S. Case No. 8 of 2012. A written representation regarding ' threat to her security and her husband was submitted before the DIG on 22.4.2012. Her husband was falsely implicated in Belaganj P.S. Case No. 18 of 2012 as was apparent from the supervision note that the allegations were not true. Regular obstructions were being created in discharge of duties by her as an Anganwari Sevika by respondent Nos. 9 and 10. The language of her resignation letter makes it apparent that it was not a voluntary act of her volition but had been submitted under coercion and threats. This aspect of the matter has not been considered by the learned Single Judge at all. The authorities should have taken steps to allay her fears and problems rather than seizing the opportunity for removing her on basis of her request which virtually amounts to a termination without reasonable cause, even if she was an Anganwari Sevika only.

(2.) Counter affidavit has been filed on behalf of respondent Nos. 1 to 5 and 8. It acknowledges registration of SC/ST P.S. Case No. 8 of 2012.

(3.) The counter affidavit by respondent No. 6, Dy. S.P. acknowledges that charge-sheet has been submitted against respondent No. 10 in the SC/ST case.