GYANTI DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 21.09.2012 passed by the respondent District Magistrate in Case No. 12 of 2012 whereby and whereunder order dated 05.03.2012 passed by the respondent District Programme Officer in Case No. 10 of 2012 has been affirmed, whereby the respondent District Programme Officer affirmed the earlier order of termination of the petitioner from the post of Anganwari Sevika vide Memo No. 1098 dated 29.10.2011.

(2.) Mr. Ramakant Sharma, learned Senior Counsel appearing on behalf of the petitioner submits that the petitioner was absent from the Anganwari Centre for only one day owing to abdominal pain and the punishment of removal meted out to her is arbitrary and disproportionately harsh. Reliance is placed on the Division Bench order of this Court dated 14.03.2013 passed in LPA No. 318 of 2013 ( Lalita Kumari vs. The State of Bihar and others ).

(3.) Learned counsel for the State as well as learned counsel for the private respondent no. 8 appear and oppose the writ petition. It is pointed out that the petitioner has been taking conflicting stands at different stages of the proceedings. In her show cause reply dated 02.08.2011 (Annexure-6) the petitioner took the stand that she arrived at the centre at 8.25 a.m. slightly after the inspection, which was carried out on 12.07.2011 at 8.10 a.m. After the matter was remanded, she filed her show cause reply once again (Annexure-11) for the first time taking the stand that she had fallen ill on the day prior to the inspection. It is further submitted that the medical certificates of Dr. Mahendra Kumar Sharma, (Annexure-B series to the supplementary counter affidavit) also suggest that the petitioner had been advised rest considering her abdominal pain which lasted between 11.07.2011 and 13.07.2011.