ANITA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Seeking exception to an order dated 23.01.2017 passed by the learned Writ Court in CWJC No. 14266 of 2008 this appeal has been filed under Clause 10 of the Letters Patent.

(2.) In the matter of termination of appellant's service from the post of Anganwari Sevika of the Centre in question, the concurrent orders passed by the District Magistrate, Saran on 11.09.2007, the Commissioner of Saran Division, Chapra, in Service Appeal No. 456 of 2007 have been upheld and approved by the learned Writ Court and challenging the order of the Writ Court the instant appeal has been filed.

(3.) On the inspection of the Centre conducted on 07.06.2005 various irregularities were found and it was also alleged against the petitioner-appellant that her husband entered into a verbal dual with the lady Supervisor who was conducting the inspection. Finding various irregularities said to have been committed service of the petitioner was terminated and the termination has been upheld by the District Magistrate as also the Commissioner and the learned Writ Court rejected the writ petition by a detailed order passed apart from fining that in the enquiry conducted by the District Magistrate the petitioner is found to have committed dereliction of duty and her husband has also misbehaved with the Supervisor has also found that the relationship between the petitioner and the State is that of an agent and Principal. She was not a regular post-holder and, therefore, the protection available under Article 311(2) of the Constitution will not be available to her. Considering the detailed order passed by the learned Writ Court we see no reason to make any indulgence into the matter.