SUNITA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioners are aggrieved by their removal from the post of Anganbari Sevika and Anganbari Sahayika respectively of Dariyapur Anganwari Centre under Bhadausi Gram Panchayat in the district of Sheikhpura.

(2.) IT seems that petitioner no. 1 was working as Anganbari Sevika whereas petitioner no. 2 was working as Anganbari Sahayika in the said Centre. The Deputy Development Commissioner in course of inspection of the Centre found them absent and Centre closed, whereupon under his direction dated 26.8.2002, the Child Development Project Officer (CDPO), Sheikhpura cancelled their selection by the impugned order, contained in Memo No. 523 dated 6.9.2002 (Annexure 5). Petitioner No. 1 being aggrieved by the said decision had moved this Court assailing the same in C.W.J.C. No. 5751 of 2003, which was disposed of vide order dated 25.7.2003 (Annexure 6) whereby this Court without going into the merit of the case disposed of the writ petition with liberty to seek remedy before the Collector of the district, who was found to be the appellate authority, if so advised, whereupon the petitioners filed appeal before the Collector, which has been rejected vide order passed by the Collector, Sheikhpura, contained in Annexure 7.

(3.) PERUSAL of the memo of appeal shows that the petitioners besides raising objection regarding the power of the DDC/ CDPO also contested on merit against the order of their removal. Learned counsel for the petitioners has submitted that the Collector has simply considered regarding the power of the DDC and has not at all considered the defence of the petitioners on merit against the order of their removal. He also ventured to submit that the DDC/ CDPO had no power in view of the latest Government decision dated 25th September, 2001, contained in Annexure 8.