Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the Order dated 14.08.2012, passed by the District Programme Officer, Bhojpur at Arrah, whereby and whereunder the selection of the petitioner as Anganwadi Sewika in respect of Anganwadi Center no. 103, Harijan Toli, Farna, Barahara, Bhojpur has been cancelled. The petitioner has also prayed for quashing of the Appellate Order dated 09.04.2014, passed by the Deputy Director, Welfare, Patna Division, Patna, whereby the Appeal has been rejected.

2. The brief facts of the case, according to the petitioner, are that the petitioner was duly selected and appointed as Anganwadi Sewika at Anganwadi Center no. 103, Harijan Toli, Farna, Barahara, Bhojpur in the year 2004 and since then, she was functioning efficiently, to the full satisfaction of the respondent-authorities. On 28.06.2012, inspection was conducted by the I.C.D.S. Authorities at the aforesaid Anganwadi Centre and it was found that the Center was being run in an unsatisfactory manner, the petitioner was not present at the Centre, only 09 children were found instead of 40 children, whose attendance had been marked on other days, the register was not maintained and no care had been taken to keep the Centre clean, hence the District Programme Officer, Bhojpur had issued a show cause notice dated 31.07.2012, whereupon the petitioner had submitted her explanation on 11.08.2012, stating therein that since there was a marriage ceremony in the house of the petitioner, she had reached late at the Center on 28.06.2012, however, the Center was functioning. Nonetheless, the District Programme Officer, Bhojpur, by the impugned letter dated 14.08.2012, has cancelled the selection of the petitioner as an Anganwadi Sewika. The petitioner had then preferred an appeal bearing Appeal no. 44 of 2012-13, against the aforesaid order dated 14.08.2012, however, the same has been rejected by an order dated 09.04.2014.

3. The learned counsel for the petitioner has submitted that the petitioner has been victimized and the factual aspect of the matter has not been considered, inasmuch as the area in question, where the aforesaid Center is situated, is most of the time water logged, hence it is impossible to keep the Center clean.

4. Per contra, the learned counsel for the respondent State has submitted that an inspection of the Center in question was made by the I.C.D.S. team on 28.06.2012, on which date, only 09 children were present and the petitioner was missing, however, it appears that when she came to know about the inspection, she had arrived at the Center after some time, nonetheless, it was found that the Center was not being operated in a satisfactory manner, there was no cleanliness, register was not being maintained and though, 40 children were being shown to be present on other days, however, on the contrary only 09 children were present at the time of inspection. It is further submitted that a show cause notice was issued to the petitioner on 31.07.2012, whereupon she had filed her reply admitting her lapses, hence the order of cancellation of her selection as an Anganwadi Sewika was passed by the District Programme Officer, Bhojpur at Ara vide order dated 14.08.2012, hence, the same does not suffer from any infirmity. It is next submitted that the petitioner had then preferred an appeal, wherein it had only been stated that selection of the petitioner has been cancelled without assigning any cogent reason and in a hasty manner, thus the order of the District Programme Officer, Bhojpur at Arrah should be set aside. Lastly, it is contended that the learned Deputy Director, Welfare, Patna Division, Patna, by a reasoned and a speaking order dated 09.04.2014 has rejected the appeal of the petitioner, as would be apparent from the relevant portion of the said order dated 09.04.2014, which is reproduced hereinbelow: –

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