The court upheld the Deputy Commissioner's findings on residency while recognizing the need for a fresh selection process due to tampering allegations in the merit panel.

JUDGMENT :

1) The petitioner has challenged order bearing No.DCK/HQA/110-112 dated 11.09.2017 issued by Deputy Commissioner, Kulgam, whereby, while holding an enquiry with regard to residential status of the petitioner and respondent No.6, the Deputy Commissioner has concluded that the petitioner is not a resident of Pati Vovrikhull, the location for which engagement of Anganwadi Worker under ICDS Project was proposed to be made. The petitioner has further sought a direction upon respondent No.3 not to act upon impugned order dated 11.09.2017 with a further direction that present status of the petitioner be not disturbed.

2) From the pleadings of the parties, it appears that an advertisement notice bearing No.CDPO/NBD/2014/411-15 dated 29.09.2014 came to be issued by the official respondents whereby applications were invited for engagement of Anganwadi Workers for ICDS Project D. H.Pora for Anganwadi Centre Vovrikhull District Kulgam.

3) It appears that both the petitioner as well as respondent No.6 responded to the aforesaid advertisement notice. It also appears that after the conclusion of selection process, engagement order was issued in favour of the petitioner. It seems that respondent No.6 challenged the said engagement order by virtue of writ petition bearing SWP No.2594/2015 on the ground that the petitioner is not a resident of Vovrikhull where the Anganwadi Centre is located. The said writ petition came to be disposed of by this Court in terms of order 17.11.2016, whereby the Deputy Commissioner, Kulgam, was directed to conduct an enquiry in the matter with regard to residence of the petitioner as well as respondent No.6. The Deputy Commissioner was also directed to associate the parties and provide them an opportunity of hearing while conducting enquiry.

4) Pursuant to the aforesaid direction passed by this Court, the Deputy Commissioner has passed the impugned order whereby he has concluded that the petitioner is a resident of Pati Adpora whereas respondent No.6 is a resident of Pati Vovrikhull and, accordingly, directions have been issued for cancellation of engagement order made in favour of the petitioner with a further direction that fresh engagement order be issued in favour of meritorious candidate.

5) The petitioner has challenged the impugned order on the ground that the same has been passed by the Deputy Commissioner without application of mind. It has been contended that the persons, who have been mentioned as witnesses in the report of the Committee of the Officers constituted by the Deputy Commissioner, have denied veracity of their statements. It has also been contended that the Deputy Commissioner has constituted a team of officers for visiting the spot and for recording statements of the witnesses and he has not undertaken the exercise of conducting the enquiry himself. It has been further contended that the findings recorded by the Deputy Commissioner are not based upon any evidence.

6) The official respondents have filed their reply to the writ petition in which they have claimed that initially the private respondent came to be engaged as Anganwadi Worker but the same was objected to by the petitioner on the ground that she has produced forged and manipulated marks sheet, whereafter engagement of the private respondents was cancelled. This action was challenged by the private respondent by way of a writ petition bearing SWP No.2594/2015, which came to be disposed of vide order dated 17.11.2016, whereby a direction was issued by this Court to the Deputy Commissioner to conduct an enquiry with reference to residence of the parties. It has been submitted that the Deputy Commissioner has considered all the material on record and come to a conclusion that the petitioner is not the resident of the habitation where the Anganwadi Centre is located. It has been further submitted that the findings of the Deputy Commissioner do not suffer from any vice.

7) Pursuant to the direction of this Court passed on 16.02.2024