JANAKI HEMBROM Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing Letter No.342 dated 8th Sept., 2012 issued by the Child Development Project Officer, Jamtara (Annexure-2), whereby the petitioner's one month's honorarium has been withheld on the alleged unauthorized absence of one day i.e. on 8th Sept., 2012, the order, contained in Memo No.423 dated 24th Nov., 2012, issued by the Child Development Project Officer, Jamtara (Annexure-4), whereby selection of the petitioner as Anganbari Sahayika has been cancelled on the same allegation of one day's absence on 8th Sept., 2012 and the order, contained at Sl. No.5 in Memo no.8498 dated 26th Feb., 2013 issued by the Deputy Commissioner, Jamtara (Annexure-6), so far as it relates to the petitioner, whereby the Deputy Commissioner has rejected the appeal filed by the petitioner. The petitioner has also prayed for a direction on the respondents to reinstate her with full consequential benefits.

(2.) It has been stated that the petitioner was appointed as Anganbari Sahayika after observing all prescribed formalities on 10th Oct., 2006 (Annexure-1). Her appointment was approved by the competent authority by letter dated 22nd March, 2007 (Annexure-1/A). The petitioner since thereafter had been serving as Anganbari Sahayika with full dedication and sincerity. There was never any complain against the petitioner. Suddenly a show cause notice dated 8th Sept., 2012 was issued to her by the Child Development Project Officer, Jamtara, imposing punishment of withholding one month's honorarium on the allegation of her alleged unauthorized absence on 8th Sept., 2012. The petitioner filed her reply, stating, inter alia, that on 8th Sept., 2012 she had come to the Centre for discharging her duty, but due to serious menstrual disorder and heavy bleeding and pain in abdomen she had taken permission of Sevika and left the Centre for medical help.

(3.) Without considering the petitioner's reply and without any contrary material on record instead of vacating the order, the Child Development Project Officer, Jamtara passed the order dated 24th Nov., 2012, cancelling the selection of the petitioner.