AWANTI BALA GUPTA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner, being aggrieved by the order dated 15.5.2010, whereby her service as Anganwari Sevika has been cancelled, has approached this Court.

(2.) It has been argued on behalf of the petitioner that the petitioner was appointed as Anganwari Sevika on 12.9.2009 on the basis of her selection as per the guideline of the Government of Jharkhand. After being selected, the petitioner had started discharging her duty. Subsequently, on the allegation of submission of two income certificates containing two different income, the impugned order has been passed. It has been submitted that the impugned order is mere communication by the District Social Welfare Officer, Chatra to the Child Development Project Officer, Tandwa apprising that the petitioner's selection as Anganwari Sevika has been cancelled by the order of the Deputy Development Commissioner, Chatra vide order dated 8.5.2010.

(3.) Learned counsel for the petitioner has submitted that the petitioner had been appointed on the basis of the guideline issued by the Social Welfare Women and Child Development Department, Government of Jharkhand, Ranchi dated 2.6.2006. Under Clause 16 of the said guideline, the provision has been made for cancellation of selection of Anganwari Sevika. The power has been vested with the Child Development Project Officer, who is supposed to pass the order of cancellation after prior approval of the Deputy Development Commissioner. It has been submitted that the order dated 15.5.2010 is mere communication. The order of cancellation of the service of the petitioner has been passed by the Deputy Development Commissioner, Chatra on 8.5.2010. According to Clause 16 of the guideline dated 2.6.2006, the Deputy Development Commissioner has not been vested with the power to cancel the service of an Anganwari Sevika, rather it has been vested with the Child Development Project Officer, who is supposed to pass such order after prior approval of the Deputy Development Commissioner.