PUSHPA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The present writ petition has been filed for the following reliefs:-

(3.) The brief facts giving rise to the present writ petition are that the petitioner was selected as Anganvadi Sevika by the Aam Sabha held on 24/2/2007, for the said purpose for, under the Integrated Child Development Programme at Anganvadi Centre No. 204 in village Mohangachhi of Mokama Block. In the same village, there is another Anganvadi Centre having code no. 205, where another Anganvadi Sevika is said to have been working. The petitioner was working to the satisfaction of the authorities concerned, however, the Child Development Programme Officer (hereinafter referred to as CDPO), Mokama, conducted a surprise inspection on 12/7/2012 and found certain irregularities at Anganvadi Centre No. 204, where the petitioner was working. Pursuant thereto, vide memo No. 1804 dtd. 11/8/2012 issued under the signature of the District Programme Officer (hereinafter referred to as DPO), Patna, a show cause notice was issued to the petitioner with regard to the irregularities found during the course of inspection on 12/7/2012. The petitioner was directed to appear before the District Programme Officer, Patna, along with all the relevant documents on 27/8/2012. The petitioner went to the office of the District Programme Officer, Patna, on the date fixed i.e. 27/8/2012, however, she was informed by the CDPO, that the District Programme Officer, Patna has been transferred and the petitioner would be informed of the next date of hearing, after the new incumbent will join on the said post. Not satisfied with the reply given by the CDPO, the petitioner sent her husband to the office of the DPO, Patna, along with her reply, wherein it was informed that the DPO has already been transferred and no date was fixed for Anganvadi Centre No. 204. However, it was informed that memo No. 1804 dtd. 11/8/2012 is with respect to Anganvadi Centre No. 205 and the date for the said Centre is fixed for 27/8/2012. It is further case of the petitioner that since the petitioner did not receive any further notice for her appearance, she went to the office of the DPO, Patna and submitted her reply in the office of the DPO along with all the relevant documents in support of her claim. All of a sudden, vide memo no. 258 dtd. 10/10/2012, issued under the signature of the DPO, Patna, the impugned order dtd. 25/9/2012 was communicated to the petitioner, by which the petitioner was removed/relieved from Anganvadi Centre No. 204 and it was mentioned in the said order that the CDPO informed the DPO, Patna that despite issuance of notice, the petitioner refused to accept the said notice.