DOOLY KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application petitioners have challenged the orders of the District Program Officer dated 26.02.2010, 14.09.2009 and 29.09.2009, as contained in Annexure -3, 8 and 8/1 respectively; the order of the District Magistrate dated 18.01.2011 and the order of the Commissioner dated 27.07.2011, as contained in Annexure -7. By the impugned orders, petitioners have been removed from the post of Anganwari Sevika and Sahayika which orders have been confirmed by the higher authorities.

(2.) THE submission of learned counsel for the petitioners is that the orders were issued by the District Program Officer on the direction of the Director, contained in his letter no.2783 dated 16.10.2009, in which, on the basis of inspection reports, he had directed the District Program Officer to take action of disengagement of the petitioners and others and report compliance to the Directorate. He submits that firstly the inspection report was never served on the petitioner and secondly that the notice which was issued to the petitioner was empty formality as the Director had already issued directions to the District Program Officer to remove the petitioners and others. He further submits that, now from the inspection report, which has been brought on record as Annexure -A with the supplementary counter affidavit, it will be evident that the alleged reasons for terminating the services of the petitioners were non est.

(3.) LEARNED counsel for the petitioners submits that, in fact, both the petitioners were at that point of time engaged in Pulse Polio Program and after the said program was over they came back to the centre and distributed the ration.