HASINA KHATOON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) It is submitted by Mr. Singh, appearing for the petitioner that pursuant to the direction of this Court passed in W.P.(S) 5990 of 2007 after thorough inquiry, by order dated 13.2.2008, the Deputy Commissioner appointed the petitioner as Anganbari Sewika and since then she was working, but she was removed by the C.D.P.O., Jamtara under letter dated 7.6.2008 on the ground that petitioner's educational certificates were found forged and fabricated and then the C.D.P.O. directed respondent No. 6 Smt. Nikhat Jahan to continue in place of petitioner. It is further submitted that petitioner obtained certificate from the same School to show that no such letter dated 16.5.2009 was sent by the C.D.P.O. to the School for inquiry of the genuineness of the certificate of the petitioner.

(2.) Counsel for the State submitted that in absence of counter affidavit, he is not in a position to accept or controvert the statement made by the petitioner in the writ petition. However, the matter may be remitted to the Deputy Commissioner, Jamtara. In view of the order I intend to pass, it is not necessary to issue notice to respondent No. 6.

(3.) In the circumstances, petitioner is given liberty to file fresh representation before the Deputy Commissioner, Jamtara, who will look into the matter and will pass pass a reasoned order in accordance with law, after giving opportunity of hearing to the petitioner, the respondent no. 6 Smt. Nikhat Jahan and other concerned person, if any as early as possible and preferably within four weeks form the date of receipt of such representation. It is made clear that this Court has not gone into the merits of the claim of the petitioner.