REKHA KUMARI @ REKHA DEVI Vs. THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF SOCIAL WELFARE, GOVERNMENT OF BIHAR AND ORS.

JUDGEMENT

(1.) HEARD learned counsel for the parties. The prayer of the petitioner in this writ application is to quash the order dated 01.08.2011 passed by the District Programme Officer, Sheikhpura removing the petitioner from the post of Anganbadi Sevika and its affirmance in appeal by the District Magistrate, Sheikhpura vide his order dated 21.06.2012. The petitioner has also prayed for consequential relief of being reinstated in service.

(2.) THE facts which are not in dispute and would be sufficient for disposal of this case lie in a narrow compass. The petitioner was selected and appointed for the post of Anganbadi Sevika at Centre No. 29, Sukan Sah Talab under Sheikhpura Town on 27.06.2007. On 15.07.2011 the Anganbadi Centre No. 29 was inspected by the A.D.M, Sheikhpura who in his inquiry report had found that the distribution of take home ration (T.H.R) was not being made by the petitioner in adequate and prescribed quantity. In the said inquiry report the A.D.M., Sheikhpura had also found that only 13 out of 43 children were in the prescribed uniform which again reflected on the poor control of the petitioner in capacity of Anganbadi Sevika.

(3.) LEARNED counsel for the petitioner while assailing both the impugned orders passed by the District Programme Officer, sheikhpura and its affirmance by the D.M., Sheikhpura has submitted that both the authorities have failed to taken into account that the affidavit of Sunita Devi was in favour of the petitioner and as such the allegation of short supply of take home ration (T.H.R) to the beneficiaries at the centre was not at all established. He has also submitted that the report of lady supervisor was in fact in favour of the petitioner but somehow both the authorities had treated it to be against the petitioner. In addition to these aspects, learned counsel for the petitioner has also sought to seek support from the letter dated 13.07.2011 written by the Child Development Project Officer, Sheikhpura to the District Programme Officer, sheikhpura, wherein, it was reported by the C.D.P.O that the amount required for take home ration (T.H.R) could not be withdrawn from the bank and as such the difficulties were being faced in distribution of take home ration (T.H.R). In the said letter, the C.D.P.O had also requested for making local arrangement for distribution of take home ration. Based on the aforementioned letter of the C.D.P.O, Sheikhpura the petitioner has also produced the extract of the bank statement to show that the amount of Rs. 10,975/ -that Posahar of the month of July -2011 was credited in her account only on 18.07.2011. On the basis of these documents, learned counsel for the petitioner has submitted that if the amount of Posahar was not given in time, the allegation against the petitioner of distributing lesser amount of take home ration as was recorded in the inquiry report of the A.D.M., Sheikhpura was itself unsustainable.