LATIKA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing the Memo No. 713 dated 5.12.2010 (Annexure-7) whereby the Deputy Development Commissioner, Deoghar has removed the petitioner from the post of Anganbari Sahaika on the allegation that she had produced a forged certificate. The petitioner has also prayed for quashing the Letter No. 421 dated 16.12.2010 (Annexure-8) whereby the said order has been communicated to the petitioner by the Child Development Project Officer, Sarath, Deoghar.

(2.) The petitioner was appointed as Anganbari Sahaika at Centre- Kura, Block-Sarath, District-Deoghar on 15.5.2004. Thereafter, the petitioner was sent for training on 31.5.2004 and after completion of successful training, certificate was granted to the petitioner. Since thereafter the petitioner had been working continuously. Suddenly, by the impugned order (Annexure-7), the Deputy Development Commissioner has removed the petitioner from the post of Anganbari Sahaika with immediate effect on the ground that on verification, certificate submitted by her was found forged.

(3.) Learned counsel for the petitioner submitted that the petitioner's removal on the said charge is stigmatic and punitive. Before issuing the impugned orders, the petitioner was not informed about the said charge and she was not given any opportunity of representation/hearing. The impugned orders are, thus, violative of principle of natural justice and the same are wholly arbitrary and illegal.