SUBANI SURIN @ SUBANI KERKETTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Petitioner has prayed for quashing Letter No. 213 dated 31st December, 2010 issued by the Child Development Project Officer, Kolebira (Annexure3), whereby the Petitioner, who was working as Anganbari Sevika in Sardha Toli Centre, has been removed with immediate effect.

(2.) Learned Counsel for the Petitioner submitted that the Petitioner was selected as Anganbari Sevika on 2nd September, 2010 by the Aam Sabha and her appointment was duly approved by the competent authority and since thereafter she had been continuously working as Anganbari Sevika in Sradha Toli Centre. But suddenly by Letter No. 213 dated 31st December, 2010 issued by the Child Development Project Officer, Kolebira, the Petitioner has been removed even without assigning any reason. Learned Counsel for the Petitioner submitted that before issuing the said letter of termination, neither any notice was issued to the Petitioner nor she was given any opportunity of hearing/representation. The said letter also does not show any reason for her termination. Thus, the said letter is wholly arbitrary, whimsical and violative of principle of natural justice.

(3.) Learned J.C. to G.P.I, appearing on behalf of the Respondents, submitted that the Petitioner has been removed on the basis of Letter No. 447(ii) dated 28th August, 2010 issued by the District Social Welfare Offier, Simdega, which has not been brought on record by the Petitioner. The said letter must have contained the reason for her termination. The Petitioner's removal is, thus, not arbitrary or illegal.