NILU KUMARI Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) The respondent no.7 was originally selected as Aanganwari Sevika for the center in- question and her selection was cancelled on account of her absence on 11.01.2008 at about 12.35 in the afternoon when the center was inspected. The respondent no.7 assailed cancellation of her selection before the Authorities on the ground that after completing the work for the day at center in -question, she had to leave the center on account of demise of her father. The sudden demise of father of respondent no.7 was considered to be an adequate mitigating circumstances in her favour. The Appellate Authority, therefore, allowed the appeal preferred by respondent no.7 and directed that she be reinstated and cancellation of her selection was held to be bad. The order was passed by the Commissioner on the respondent no.7's Aanganwari Appeal No. 45 of 2008. The instant petitioner, in the meantime, had been selected on the vacancy created by cancellation of the respondent no.7 selection. Since the Commissioner had passed the order on the appeal of respondent no.7 without impleading the petitioner as a party therein, the order was set aside and the petitioner was allowed to appear before the Appellate Authority, namely, the Commissioner in the Aanganwari Appeal No. 45 of 2008. The Division Bench of this Court in L.P.A. No. 1431 of 2011 directed the Commissioner to dispose of the appeal after hearing the instant petitioner.

(3.) The matter was thereafter considered by the Deputy Director, Welfare, Magadh Division, Gaya in Aanganwari Appeal No. 45 of 2008 after hearing the petitioner and the respondent no.7. The petitioner, therefore, has been heard and the order has now been passed again by the Deputy Director, Welfare (Appellate Authority) directing reinstatement of respondent no.7.