NILOFAR KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for setting aside the order of her termination from the post of Anganwari Sevika at Centre No. 104, Taskeer Tola, Bhora Dah Panchayat, under Bahadurganj Block, Kishanganj as well as the order dated 16.05.2013 passed by the District Magistrate, Kishanganj in Appeal No. 2 of 2011dismissing her Appeal.

(2.) Petitioner was appointed as Anganwari Sevika at Centre No. 104 under Bahadurganj Block under District of Kishanganj and her services were terminated on the basis of inspection report dated 15.12.2010 of Child Development Project Officer, Bahadurganj Block. Petitioner was issued show cause by respondent No. 5 dated 27.12.2010 regarding inspection report in which it was found that centre was closed and THR was not distributed on 15.12.2010 as per the specific guidelines issued by ICDS. The petitioner replied to the show cause and stated the reasons for her non-presence on said date but her statement was not found satisfactory and it was found that on previous occasion also when the centre was inspected, same was closed and petitioner was not performing her duty in a proper manner and as such her services was terminated. Her appeal was also considered by the District Magistrate, Kishanganj and after giving proper opportunity and detail hearing, the appeal was dismissed.

(3.) The appointment on the post of Anganwari Sevika is just an engagement in a social welfare scheme of distribution of THR to the under privileged children between the age of six months and three years and also to pregnant women belonging to weaker and marginalized section of society and said appointments are meant to achieve those social obligations and petitioner on a number of occasions has been found absent from centre and THR was also found not to be distributed and petitioner has not given satisfactory explanation of such lapses on her behalf as has been found by original as well as Appellate Authority.