BIBI HUSNA ARA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The order dated 27th July, 2016 passed by the learned Single Bench of this Court in C.W.J.C. No. 1987 of 2014 is subject matter of challenge in the present Letters Patent Appeal. The order dated 12.11.2013 was the subject matter of challenge in the writ application whereby, the appellant was removed from service as Anganwari Sevika, Centre-185, Taran Ghat Tola.

(2.) The Centre over which the appellant was appointed as Anganwari Sevika, was inspected on 07.09.2013 by the Additional Director, ICDS, Patna. In the Centre over which the appellant was on duty, at the time of inspection, only 13 children were found; mid-day meal was not cooked; Menu and quantity of food were not displayed and the condition of the building of the centre was pitiable. On account of the short comings found, a show cause was served upon the appellant and in her reply to the show cause (Annexure-4) the stand of the appellant is that there were 40 children at the Centre and the Centre runs from 9.00 AM to 1.00 PM and the inspection was made at 9.20 AM when 13 children were present. The children do come to the Centre late because they belong to rural areas. In respect of allegation that the mid-day meal was not prepared, the explanation is that preparation of mid-day meal starts at 10.15 AM which is served to the children at 12.30 PM.

(3.) In respect of allegation that the condition of the building of the centre was pitiable, the stand of the appellant was that the department has not paid money for the construction work, therefore, the windows and doors of the building are not complete and that on receipt of money, the building will be completed. The appellant also asserted that the contents of menu for mid-day meal were displayed in the centre but it was not noticed by the Inspecting Team at the time of inspection. Thus, her stand was that she has not committed any wrong in running the Anganwari Centre. Thereafter, on 12.11.2013, the service of the appellant was dispensed with, with further direction that the selection process for appointment of the fresh Anganwari Sevika shall be initiated.