Point of law: . Subsection (7) of section 27 only contemplates that the removal can be made when it is found in enquiry that a person is guilty of misuse of power vested under the Juvenile Justice Act, 2015.

JUDGMENT :

1. The challenge made in this writ petition is to the order dated 19.01.2021 wherein the petitioner has been removed from the post of Chairperson of Child Welfare Committee, which was constituted under the Juvenile Justice (Care & Protection of Children) Act, 2015.

2. Learned counsel for the petitioner would submit that the petitioner was appointed by order dated 11.4.2017 (Annexure P-2) for a period of 3 years in exercise of power u/s 27 (1) & (6) of the Act, 2015. Subsequently, a show cause notice was issued to her vide Annexure P-3 with an allegation that she participated in the campaign of election in favour of BJP candidate on 11th & 12th November 2018. Learned counsel submits that the allegation of said show cause notice was denied by the petitioner and even the photograph on which the reliance was placed by the respondent, it is contended that the original photographs were never supplied to her and the pictures shown were not clear. He submits that on the basis of vague photographs the wild allegations made against the petitioner cannot be sustained. However, subsequently, without giving any further opportunity of hearing, the petitioner was removed by impugned order dated 19.01.2021 and the tenure of petitioner would be going to expire on 11.04.2021. Learned counsel submits that the past services rendered by the petitioner would show that she is a social worker and rendered valuable services in various fields and her removal of like nature without giving any opportunity of hearing on the vague allegations will carry a stigma which is required to be set aside as it would come as a rider to take up any further participation/action in the welfare of the Society. Therefore, the impugned order be set aside.

3. Per contra, learned State Counsel vehemently opposes the arguments and would submit that after hearing the petitioner and after due consideration of the reply to show cause, she was removed, therefore, the order is well merited, which do not call for any interference.

4. The removal of a member of the Child Welfare Committee is contemplated under sub-section 7 of section 27 of the Act, 2015, which reads as under:

Sec. 27. Child Welfare Committee .-

(1) The State Government shall by notification in the Official Gazette constitute for every district, one or more Child Welfare Committees for exercising the powers and to discharge the duties conferred on such Committees in relation to children in need of care and protection under this act and ensure that induction training and sensitisation of all members of the committee is provided within two months from the date of notification.

(2) The Committee shall consist of a Chairperson, and four other members as the State Government may think fit to appoint, of whom atlease one shall be a woman and another, an expert on the matters concerning children.

(3) The District Child Protection Unit shall provide a Secretary and other staff that may be required for secretarial support to the Committee for its effective functioning.

(4) No person shall be appointed as a member of the Committee unless such person has been actively involved in health, education or welfare activities pertaining to children for at-least seven years or is a practicing professional with a degree in child psychology or psychiatry or law or social work or sociology or human development.

(5) No person shall be appointed as a member unless he possesses such other qualification as may be prescribed.

(6) No person shall be appointed for a period of more than three years as a member of the Committee.

(7)The appointment of any member of the Committee shall be terminated by the State Government after making an inquiry, if –

(i) He has been found guilty of misuse of power vested under this Act;

(ii) He has been convicted of an offence involving moral turpitude and such conviction has not been reversed or he has not been granted full pardon in respect of such offence;

(iii) He fails to attend the proceedings of the Committee