Anita Devi vs District Magistrate and Others

Sudhanshu Dhulia, J.—Heard Mr. A.K. Sharma, Advocate for the Petitioner as well as Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand.

Under a Scheme started in the erstwhile State of Uttar Pradesh, somewhere in late 80s, which continued in the State of Uttarakhand, "Angan Bari Workers" are appointed in "Angan Bari Centres", which are situated almost in all villages. It is a village level appointment made by the concerned Child Development Project Officer. The selection and appointment procedure of "Angan Bari Karyakatri", "Sahayika Angan Bari Karyakatri" and "Mini Angan Bari Karyakatri" are presently governed by various Government Orders but primarily by Government Orders dated 24th February, 2009, 3rd September, 2009 and 31st May, 2010. The main scheme today is given in a Government Order issued by the Government of Uttarakhand on 24th February, 2009. These are all admitted facts.

As per the said Government Orders, reference whereof has already been given above, a selection committee at Block Level is first constituted. A procedure is prescribed for constituting this Selection Committee. Thereafter procedure is also prescribed how the various vacancies of "Angan Bari Workers" will be advertised for all the "Angan Bari Centres" and how the selection will be made by the Selection Committee and what will be the eligibility as well as the priorities given to a candidate in this selection. It will be needless to elaborate on this aspect at the present juncture.

As per the procedure prescribed in the Government Order dated 24th February, 2009, the Selection Committee shall publish a "tentative select list", to be notified at various places including the Block Level Offices, so that if anybody wants to raise objections on these selections, he or she would be free to make such objections. The cases where no objections are made, the tentative selection list becomes final and the Child Development Project Officer issues appointment letter to such a candidate. In cases where objections are received, the matter is referred to the Appellate Authority, which is constituted under the Government Order dated 24th February, 2009. The body of the Appellate Authority constituted is as follows:

Chief Development Officer- Chairman

A person nominated by the District Magistrate, who must be at least Class-II Officer, and,

District Programme Officer, who will be the member Secretary of this appellate body.

The Appellate Authority after considering the objections passes appropriate order therein. The Appellate Authority has to take a decision on this matter within 15 days as per the Government Order dated 24.2.2009.

The Petitioner was appointed as an "Angan Bari Worker" for "Angan Bari Centre" - Maziri, village Maziri, tehsil Roorkee, district Haridwar. Subsequently, a complaint was made against the Petitioner by one Smt. Yashodha Devi. According to the Petitioner, an enquiry was made on this by the Appointing Authority. The inquiry was conducted by the enquiry officer which was Assistant Development Officer, Roorkee who concluded that the complainant has made allegations against the Petitioner which are totally baseless and there is no anomaly in the appointment of the Petitioner. Inspite of this report, vide impugned order dated 11.2.2009 the earlier appointment of the Petitioner was put in abeyance. It is this order which has been challenged by the Petitioner. Vide order dated 20.2.2009 a learned Single Judge of this Court has stayed the operation of the impugned order dated 11.2.2009 and the Petitioner is continuing as "Angan Bari Worker" on the strength of this interim order.

In the counter affidavit, the State has stated that there was other enquiry on 9.2.2009 which has found certain anomaly in the appointment of the Petitioner. Although the impugned order may have been passed on the strength of subsequent enquiry, yet before passing the impugned order no opportunity of hearing or show cause has been given to the Petitioner. These are not the appointments where the suspension order is passed pending departmental proceedings of an incumbent. Here, an "Angan Bari Worker" is appointed for an honorarium of 2500/- per month and although the present impugned order merely puts the initial order in abeyance yet in effect it has terminated the services of the Petitioner. The same cannot be done without giving an opportunity of hearing to the Petitioner.

The selection and appointment procedure of "Angan Bari Workers are presently governed by Government Order issued by the Government of Uttarakhand on 24th February, 2009. Evidently, there is a flaw in the Government Order inasmuch as the Appellate Authority, which looks into the complaints made on the selection of the candidate, before deleting the name of selected candidate does not give an opportunity of hearing to the selected candidates, yet since a forum has already been created under the Government Order dated 24th February, 2009, the Appellate Authority is directed to look into the matter. Since the impugned order dated 11.2.2009 (Annexure No. 11 to the writ petition) has been passed without giving an opportunity of hearing or show-cause to the Petitioner, the same is set aside. The matter is remanded to the Appellate Authority to look into the matter and after giving an opportunity of hearing to the Petitioner and concerned persons, pass an appropriate order. It is expected that the Appellate Authority will act with due fairness in accordance with principles of natural justice and fair play.

It must be clarified that though appointment of an "Angan Bari Worker" is only under a Government Scheme yet for those "Angan Bari workers" who are so appointed, it carries a great meaning as the candidates for this work belong to the deprived or rather financially insecure stratum of our society who reside in a village. Even amongst them, in most cases, they are widows, divorced women, etc.

The Appellate Authority is hence directed to take a decision on this matter by passing a speaking order as expeditiously as possible but in no case beyond a period of eight weeks from the date a certified copy of this order is produced before it, after hearing all the concerned parties. The impugned order dated 11.02.2009 (Annexure No. 11) is quashed.