USHA KUMARI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) This writ petition under Article 226 of the Constitution of India has been filed for quashing the order dated 25.06.2012 passed by the D.P.O., Nalanda, terminating the services of the petitioner from the post of Anganwari Sewika, order dated 28.08.2012, passed by the District Magistrate, Nalanda in Misc. Anganwari Case No. 124 of 2012 and order dated 20.12.2012, passed by the Commissioner, Patna Division, in Miscellaneous Appeal No. 424 of 2012, rejecting the revision application of the petitioner.

(3.) Briefly stated, the facts of the case is that the petitioner was appointed on the post of Anganwari Sevika at Gajasarai Centre Code No. 177 within Islampur block in the district of Nalanda. The C.D.P.O., Islampur on 14.05.2012 inspected the Anganwari Centre, Gajasarai Code No. 177 and found large scale irregularity at the Centre. C.D.P.O. Islampur, prepared the report and send it to the District Programme Officer, Islampur, Nalanda (Annexure-1) regarding irregularities found at the Anganwari Centre of the petitioner. In the report addresed to the District Programme Officer, Islampur, Nalanda, it has been alleged that Posahar was not being prepared at the Centre. Anganwari Sevika herself used to cook Posahar at the Centre. Anganwari Sahaika disclosed that she is not preparing the Posahar at the Centre from last three years. She also found irregularities in distribution of Poshak and T.H.R for which a complaint made by the beneficiaries was enclosed and thereafter she recommended the removal of petitioner from post of Anganwari Sevika. The District Programme Officer, by memo no. 1944 dated 24.05.2012 issued a show cause notice to the petitioner with respect to irregularities found at the Centre, as reported by the C.D.P.O., in which it has been stated that Posahar is not being prepared at the Centre and petitioner (Anganwari Sevika) used to cook Posahar at her own house and Anganwari Sahaika stated that for last three years she has not cooked food. There are allegations of irregularity in distribution of T.H.R and dress among the beneficiaries and petitioner was asked to submit her reply on 02.06.2012. Pursuant to said show cause, petitioner appeared before the District Programme Officer, Islampur, Nalanda and denied all the allegations alleged against her. She produced the dress and T.H.R distribution register which was endorsed by the Ward Parshad and social audit was done by the Vigilance Committee and the same was distributed in presence of Social Auditing Vigilance Committee. However, she admitted the allegation of Anganwari Sahaika that for the last three years, she has not cooked food, is true, as she used to demand rupees for cooking the food and she had made oral complaint for this, number of times but no step was taken against the Sahaika and since then she used to cook herself Posahar and distribute it among the children at the Anganwari Centre and in support of her defence, she produced the Vigilance Register, Inspection Register as well as Social Audit Report and other Registers showing distribution among the beneficiaries of T.H.R and dress among the children, and in her reply of show cause, she had also enclosed statement of beneficiaries and locals, who admitted that the Centre was being run properly and there was no irregularity either in distribution of dress among the children or Posahar. However, Anganwari Sevika and Anganwari Sahaika appeared before the District Programme Officer on 02.06.2012 and produced evidence with respect to proper functioning of Anganwari Centre and proper distribution of T.H.R, preparation of Posahar and distribution of dress among the children. Anganwari Sahaika in her reply stated that since her appointment, for last three years she has not cooked Posahar and earlier the Anganwari Centre was away from the residence of Anganwari Sevika and thereafter Anganwari Sevika managed to transfer it near her house where she used to cook and store Posahar in her residence and thereafter the same was distributed among the children coming at the Centre. As per Sahaika, she was given the task of teaching the children at the Centre as she was more qualified than Anganwari Sevika.