MUSARAT ARA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State and also learned counsel for the respondent no. 10.

(2.) The present writ petition has been filed for quashing the letter bearing Memo No. 638 dated 31.12009 (Annexure-7) issued by the District Programme Officer, Katihar by which he has removed the petitioner from the post of Anganbari Sahayika at Anganbari Centre No. 088 Jahir Tola of Salehpur Gram Panchayat under Falka Block in the district of Katihar and also directed for selection of respondent no. 10 on the said post at the same Anganbari Centre; and for connected reliefs.

(3.) Learned counsel for the petitioner raises a short contention to assail the impugned order dated 31.12.2009 (Annexure-7), submitting that the said order is wholly without jurisdiction. It is pointed out that according to paragraphs 8 and 10 of the Guidelines for Selection of Anganwari Sevika and Sahayika, 2006, it was the District Magistrate, who was the competent authority to make/direct enquiry with regard to the complaints alleging irregularities in the matter of selection, and to pass orders after hearing Anganawari Sevikas and Sahayika. In the present case, the order of cancellation of the petitioner's selection has been passed by the District Programme Officer, who has no authority to do so in terms of the said Guidelines.