Advocates:
['Kumar Goutam', 'LALIT KISHORE AG', '', 'Pankaj Kumar SC']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2019 of 2021

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Manju Devi W/o Rakesh Kumar resident of Ward No. 3 Village - Hardi, P.s.

Dist. - Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar

2.

The District Collector, Supaul.

3.

The Civil Surgeon cum Chief Medical Officer, Supaul cum Public Authority

under the Bihar Right to Public Grievance Redressal Act 2015.

4.

The Additional Collector (Public Grievance Redressal), Supaul cum District

Public Grievance Redressal Officer, Supaul.

5.

The In-charge Medical Officer Block Sadar, Supaul.

6.

The Sub Divisional Officer, Supaul.

7.

The Mukhiya Gram Panchayat Raj Hardi- West, Supaul.

8.

Punam Devi wife of Sanjay Ram resident of ward no. -3 village - Vishanpur

Panchayat - Hardi West, P.S. and Dist.- Supaul.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Kumar Goutam, Advocate

For the Respondent/s

:

Mr. Pankaj Kumar, SC 12

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

ORAL JUDGMENT

Date : 22-02-2022

Heard learned counsel for the parties.

2. In the instant petition, petitioner has prayed for the

following relief/reliefs:

“a. For quashing the memo no. 580 dated

27.04.2020 issued by In-charge Medical Officer, Sadar –

Block, Supaul, (Respondent No. 5) whereby the petitioner has

been directed to stop working as Asha Worker in view of letter

no. 365 dated 24-02-2020 issued by Civil Surgeon cum Chief

Medical Officer, Supaul.

b. For quashing the letter no. 200 dated 26-02-

2020 whereby the respondent no. 5 the In-charge Medical

Officer, Sadar-Block, Supaul, has directed to initiate a fresh

“Aam-Sabha” (general body meeting) for selection of new

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Asha Worker after cancelling the selection of petitioner as

Asha-worker.

c. For the quashing of entire consequential

orders/direction/proceedings initiated on the basis of

Miscellaneous case No. 406110115031901354 filed by one

Punam Devi against the petitioner which is a beyond

jurisdictional proceeding as per section 2. (a) of Bihar Right to

Public Grievance Redressal Act itself.

d. For the other relief or reliefs which the

petitioner entitled thereunder.”

3. Petitioner was stated to have been selected and appointed to

the post of Asha Worker on 06.07.2018. Thereafter, official

respondents were stated to have noticed alleged irregularities had

happened in the process of selection and appointment to the post of

Asha Worker. Taking into such issue the In-charge Medical Officer,

Block – Sadar, Supaul - respondent No. 5 proceeded to terminate the

services of the petitioner on 27.04.2020 vide Memo No. 580 read

with letter No. 200 dated 26.02.2020 of the 5^th respondent.

4. The learned counsel for the petitioner submitted that if

certain irregularities have been committed in the process of selection

and appointment to the post of Asha Worker, in that event, necessary

action should be taken against such of those officials who were

involved in the process of selection.

5. It is submitted that there is no error in the process of

selection and appointment to the post of AshaWorker, in particularly

of the petitioner. It is further contended that the In-charge Medical

Officer, Block–Sadar, Supaul has terminated the services of the

petitioner, on the ground of competency the impugned orders are

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liable to be set aside and it is further submitted that no notice, no

enquiry has been held in order to appreciate that petitioner’s

selection and appointment to the post of Asha Worker is not in

accordance with law.

6. Learned counsel for the State resisted the aforesaid

contentions of the petitioner and submitted that there is no infirmity

in the order of termination d