MEHIN NIGAR BEGUM Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the instant LPA, the appellant has assailed the order of the learned single judge dtd. 12/7/2019 passed in C.J.W.C. No. 10485 of 2017.

(2.) The appellant was stated to have been appointed as Anganwadi Sevika in the year 2003. The District Magistrate, Kishanganj had inspected Anganwadi Center on 10/12/2014 and noticed certain alleged irregularities stated to have been committed by the appellant to the extent in not maintaining the attendance register and there were variations in number of children on different dates. Based on such inspection report, District Programme Officer issued show-cause notice and obtained explanation of the appellant and proceeded to remove her from service on 29/12/2014.

(3.) Perusal of the records, it is evident that even though allegations are serious in nature when the appellant had disputed and filed her explanation, the same has not been considered by the competent authority. At the same time, if there are disputed facts in that event a formal inquiry was warranted including examination of the author of the inspection report in the light of the Apex Court decision in the case of Roop Singh Negi Vs. Punjab National Bank reported in (2009) 2 SCC 570.