Ganeswar Rout vs State Of Odisha And Others

Arindam Sinha, J

W.P.(C) No.36133 of 2021 & I.A. No.16789 of 2021

Mr. Parhi, learned advocate appears on behalf of petitioner and submits, under challenge is notification dated 11th November, 2021 issued by Principal Secretary to Government, by which Child Welfare Committee, Balasore was removed.

On query from Court, he submits, by notification dated 10th October, 2019 the Committee was appointed. He refers to sub-sections (2), (6) and (7) in section 27 of Juvenile Justice (Care and Protection of Children) Act, 2015, to submit, this is a clear case of removal of the Committee.

Text of impugned notification is reproduced below:-

" In pursuance of this Department Notification No.8919, dated 09.06.2021, as the tenure of the Child Welfare Committee, Balasore district has been completed, the Child Welfare Committee of Bhadrak district is hereby kept in additional Charge of Balasore district in addition to their own duty till the validity of the CWC, Bhadrak or till the constitution of the new CWC, Balasore whichever is earlier."

There will be stay of operation of impugned notification.

Issue notice upon opposite parties. Petitioner will put in requisites for service by speed post with A.D. Opposite party may apply for vacating the order, by demonstrating, inter alia, that a Child Welfare Committee can complete the work within its tenure or in other words it is not continuing work and such is a ground for removal of the Committee itself.

List on 13th December, 2021.

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