Smt. Sharda Rani vs The State of Himachal Pradesh

Justice Rajiv Sharma, Judge

With the consent of Learned Counsel for the parties and in view of law laid down by this Court in Raksha Devi v. State of H.P. & Ors., 2010 (2) Him. L.R. (DB) 964 the impugned orders, Annexure P-4, dated 20.11.2009 passed by the Additional District Magistrate, Kangra at Dharamshala in Appeal No. 70 of 2007 and Annexure P-6, dated 6.3.2010 passed by the Divisional Commissioner, Kangra in Appeal No. 509 of 2009 are quashed and set aside. However, liberty is reserved to respondent No. 3 to assail the income certificate issued in favour of the petitioner by the Revenue Agency. The competent authority shall also hear both the parties before deciding the matter and permit them to lead their respective evidence. In case the certificate issued in favour of the petitioner is found invalid, the respondent No. 3 may assail the appointment of petitioner as Anganwari Worker in Anganwari Centre, Dainkwan-IV in accordance with law and the limitation will not come in her way. The proceedings after the receipt of petition to be filed by respondent No. 3 shall be concluded by the competent authority, i.e. Tehsildar concerned and the S.D.M. within a period of three months. Accordingly, in view of the observations and discussions made hereinabove, the petition is disposed of, so also the pending application (s), if any. No costs.