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2019 Supreme(Pat) 629

ASHUTOSH KUMAR
Sulochna Kumari W/o Anil Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Shambhu Sharan Singh, Adv.
For the Respondents: Mr. S.K. Mandal (SC-3) Ms. Neelam Kumari, AC to SC-3

JUDGMENT :

1. Heard the counsel for the petitioner and the State.

2. The petitioner has challenged the order dated 14.08.2018 passed by the District Magistrate, Supaul in Anganwari Appeal No. 8/2017 whereby the order passed by the District Programme Officer, Supaul which has been challenged by the petitioner before the Collector has been upheld and the appeal of the petitioner has been rejected.

3. From the order impugned, it appears that private respondent no. 7 was appointed on the post of Anganwari Sewika on Centre no. 54 in Ward no. 9 in the Kataiya Mahe Panchayat. Right from the beginning, the petitioner had been agitating that two of the sisters-in-law of private respondent no. 7 are employed with the government and are getting more than Rs. 6,000/-.

4. The aforesaid facts were verified and was found to be only partially true. The two sisters-in-law of the petitioner and another relative were found to be in government service but all of them were receiving less than Rs. 6,000/-as remuneration. The rules in that regard which has been amended in the year 2013 clearly stipulate that the disqualification for the relatives being in government service would be applicable only if such g

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