Sheela Devi vs State of H.P. and Others

Kurian Joseph, C.J.—The writ petition is filed with the following prayers:

i) For issuing a writ of Certiorari to the Respondents for quashing impugned order at annexure P-10 dated 25.5.2011 whereby appointment of the Petitioner as Anganwadi Worker in Anganwadi Centre Suindhar Sub Tehsil Ronhat District Sirmour, H.P. has been quashed.

ii) for issuing a writ of Certiorari for setting aside order dated 15.7.2007 at annexure P-5.

In the nature of the order we propose to pass in this case, it is not necessary to issue notice to the private Respondent since the private Respondent will get sufficient opportunity before the second Respondent.

The Petitioner has challenged Annexure P-10, order passed by the Deputy Commissioner, Sirmour at Nahan, whereby the appointment of the Petitioner as Anganwadi Worker in Anganwadi Centre, Suindhar Sub Tehsil Ronhat District Sirmour, H.P. has been cancelled. The Deputy Commissioner has taken the view that the income of the Petitioner has already been found beyond the permissible limit. But the fact remains that the Petitioner had duly filed an appeal before the 3rd Respondent. But the Sub Divisional Magistrate (Civil) has apparently declined to interfere in the matter on the ground that the Deputy Commissioner has already cancelled the appointment of the Petitioner. It needs no further discussion to hold that the authorities concerned have not looked into the merits of the matter. Accordingly, the writ petition is disposed of as follows:

There will be a direction to the 3rd Respondent Sub Divisional Magistrate (Civil), District Sirmour to consider the appeal filed by the Petitioner against the cancellation of the income certificate with notice and opportunity of hearing to the Petitioner and 5th Respondent. This shall be done within a period of two months. Thereafter, the Deputy Commissioner will consider the appeal afresh with notice and opportunity of hearing to the Petitioner and 5th Respondent and pass fresh orders within another one month. In order to enable the 2nd and 3rd Respondents to pass orders as above, the impugned order passed by the Deputy Commissioner and the order passed by the Sub Divisional Magistrate (Civil) on 3.8.2011 in Misc. Appeal No. 2 of 2011 which is taken on record are quashed. Needless to say that till orders are passed, as above, the Petitioner will continue and the further continuance will depend on the orders of the authorities.

With these observations, the writ petition is disposed of, so also the pending applications, if any.

Authenticated copy to the parties.