TARA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing the order dated 30.12.2011 contained in Annexure-4, passed by the Deputy Development Commissioner, Bokaro, whereby the services of the petitioner, who is an Aangan Bari Sevika, has been illegally terminated without giving any notice. It has been submitted that the Deputy Development Commissioner has no jurisdiction to terminate the petitioner from the post of Aangan Bari Sevika and the order is wholly without jurisdiction.

(2.) According to the petitioner, she was appointed as an Aangan Bari Sevika for Sonabad/Kashitanr Centre, after due selection by the Gram Sabha and approval of the Deputy Commissioner, Bokaro. She had been discharging her duty sincerely and there was no complain against her. The said order has been passed on the ground that the petitioner was absent when the centre was inspected by the Deputy Development Commissioner on 28.10.2011. The allegation is wholly baseless. On that day, due to Sohrai festival, the committee decided to close the centre a bit earlier. The inspection was made in late hour. The petitioner explained the same but the same has not been considered and the impugned order has been passed.

(3.) Learned counsel for the petitioner submitted that the appointing authority of the petitioner is Gram Sabha and the decision for removal can be taken only by Gram Sabha, for which the order is to be issued by Child Development Project Officer and that too after giving notice and proper opportunity of hearing. In case of Smt. Sharda Devi vs. State of Bihar & Ors., 2001 1 JLJR 237, as also in the case of Nilma Mandal in W.P.(S) No. 4561 of 2006, it has been held that the Deputy Development Commissioner has no jurisdiction to issue the order of removal of an Aangan Bari Sevika. The order is, thus, wholly without jurisdiction and is liable to be quashed.