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2016 Supreme(Jhk) 656

IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRAMATH PATNAIK, J.
Kalpana Kumari, W/o Sri Dhirendra Kumar Mandal - Petitioner
Versus
The State of Jharkhand through the Chief Secretary & Ors. - Respondents
W.P. (S) No. 2998 of 2011
Decided On : 23-08-2016

Advocates Appeared:
For the Petitioner: M/s. Anjani Kumar Verma, Binay Kumar Sinha and Amit Kumar Verma.
For the Respondents: Dhananjay Kumar Dubey and Ms. Nelam Tiwary.

Headnote:Service Law – An Anganbari Sevika, who was working honestly and effectively from last 23 years, was terminated from the services without any reasons assigned to her and without any speaking order by the respondents – The impugned order as to termination was passed by CDPO – She was also not given any opportunity to represent her thus defeating her rights to natural justice – The termination of the Government employee can’t take place without issuing any speaking order and if the counter – affidavit is issued for stating the reasons of termination that cannot be deemed as a speaking order – The counter – affidavit which was issued in place of speaking order can’t be considered by the High Court for termination purposes because counter – affidavit cannot fill the gap of not issuing the speaking order – Relying upon, (1978) 1 SCC 405, thus the impugned orders is to be quashed and liable to be set aside and the CDPO is directed to pass appropriate orders.

ORDER :

In the accompanied writ application, the petitioner has inter alia prayed for quashing of order as contained in Memo no. 60 dated 6.2.2010 (Annexure-3) issued by the respondent no. 7 by which the petitioner has been informed that in pursuance of Memo No. 83 dated 03.02.2010 of respondent no. 5, the petitioner has been dismissed from services by respondent no.3 and further prayed for quashing the Memo No. 535, dated 27.08.2010 (Annexure-6/A), whereby the petitioner has been informed that the appeal preferred by the petitioner against her termination before the D.C., Deoghar has been dismissed.

2. The factual matrix sans details, in a nutshell is that the petitioner was selected on the post of Anganbari Sevika of Rarhiya Anganbari Centre in Mohanpur Block in the district of Deoghar by the General Meeting of Villagers i.e. Aam Sabha in pursuance to the order passed vide Memo dated 26.05.1986 by the Child Development Project Officer, Mohanpur Block, Deoghar. Consequent upon the said selection, the petitioner has been performing her duty as Anganbari Sevika of Rarhiya Anganbari Centre in Mohanpur Block in the district of Deoghar since May, 1986 i.e. last more than 23 years uninterruptedly. The petitioner was threatened by the then C.D.P.O., Mohanpur Block, Deoghar, namely, Smt. Binita Kumari (Respondent No. 7) saying that 2-3 villagers of Rarhiya are putting pressure upon her to replace the petitioner by appointing any other lady of village-Rarhiya. Then petitioner being afraid of any illegal action by the C.D.P.O., Mohanpur Block, Deoghar (Respondent No. 7) sent a detailed representation on 23.01.2009 (Annexure-2) to the Director, Social Welfare, Jharkhand (Respondent No. 3) and prayed to take action upon the C.D.P.O., Mohanpur Block, Deoghar (Respondent No. 7). To the utter surprise and consternation, the respondent no. 7 has cancelled the selection of the petitioner vide Memo No. 60 dated 06.02.2010 (Annexure-3) in view of the Memo No. 83 dated 03.02.2010 of D.D.C., Deoghar (respondent no. 5).

Being aggrieved by the aforesaid order of termination and left with no other efficacious, alternative and speedy remedy, the petitioner has been constrained to approach this Court invoking the extraordinary jurisdiction of this Court under article 226 of the Constitution of India for mitigating her grievances.

3. Heard Mr. Anjani Kumar Verma, learned counsel for the petitioner and Mr. Dhananjay Kumar Dubey, learned Sr. S.C.I for the respondents.

4. Counter affidavit has been filed on behalf of the respondent no. 6, repelling the contentions made in the writ application. It has been inter alia, submitted in the counter affidavit, that the petitioner was selected on the post of Anganbari Sevika of Rarhiya Anganbari Centre in Mohanpur Block in the district of Deoghar by the General Meeting of Villagers i.e. Aam Sabha in pursuance to the order passed vide Memo dated 26.05.1986 by the Child Development Project Officer, Mohanpur Block, Deoghar. On the basis of the information gathered by the Sub Divisional Officer, Deoghar with regard to the centre where the petitioner was posted since long, and the functioning of the Centre was not being done in a proper way, the Sub Divisional Officer, Deoghar submitted the report vide his letter dated 15.02.2009, whereby, he recommended for explanation from the petitioner and further recommended that after asking explanation, appropriate action should be taken. After receiving the report dated 15.02.2009, the Deputy Commissioner, Deoghar vide his letter dated 18.02.2009 wrote a letter to the District Social and Welfare Officer, Deoghar and directed to take appropriate steps and in turn, District Social and Welfare Officer, Deoghar vide his Letter dated 02.04.2009 wrote a letter to the C.D.P.O., Mohanpur directing, therein to take appropriate action against the petitioner and report in that regard should be submitted. Threafter, the C.D.P.O., Mohanpur issued a letter dated 10.04.2009, asking show cause with
















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