Sunita Devi vs State of Jharkhand and Others

Narendra Nath Tiwari, J.—The petitioner has challenged the impugned order being Memo No. 447 dated 11.4.2012, issued by the District Social Welfare Officer, Palamau whereby the petitioner has been removed from the post of Angan Bari Sevika of Angan Bari Kendra, Karmaha, Chainpur, District Palamau. It has been stated that the petitioner was duly selected and appointed as Angan Bari Sevika. The said respondent has no jurisdiction to arbitrarily remove her from the said post, on the ground of the alleged misconduct.

Learned counsel appearing on behalf of the petitioner referred to Clause 16 of the guidelines issued in the matter by memo No. 03/ SaKa-134/2002-Ka-585 dated 2.6.2006. It has been submitted that Angan Bari Sevika/ Sahayika can be removed only by Child Development Project Officer (CDPO) on prior approval of the Deputy Development Commissioner. But the impugned order of removal of the petitioner has been issued by the District Social Welfare Officer, which is wholly without jurisdiction.

The respondents have contested the writ petition and submitted that though the order has been issued by the District Social Welfare Officer, the same has been done at the direction of the Deputy Development Commissioner, Palamau. Irregularity was found by the CDPO, Chainpur and on the basis of that irregularity, direction was issued by the Deputy Development Commissioner, Palamau. In view thereof, order is not arbitrary and illegal.

I have heard learned counsel for the parties.

The petitioner has challenged the impugned order dated 11.4.2012 mainly on the ground that the District Social Welfare Officer has no jurisdiction to remove the petitioner who is an Angan Bari Sevika. Several other grounds have also been taken for challenging the order.

Though the respondents have defended the order, learned J.C. to Sr. S.C. II appearing on behalf of the respondents has not disputed the provisions of the guidelines dated 2.6.2006, whereby it has been specifically mentioned that the C.D.P.O. has to issue order of removal of Angan Bari Sevika with the prior approval of Deputy Development Commissioner (D.D.C). Though in the impugned letter it has been mentioned that the Deputy Development Commissioner had given such direction, no such order/direction of the D.D.C. has been produced or brought on record. In the guideline dated 2.6.2006 issued by the Social Welfare, Woman and Child Development Department, Government of Jharkhand, specific procedure has been laid down for removal of Angan Bari Sevika. The impugned order does not conform to the said provision. The order of the respondent has not been issued by the authority prescribed by the said Guidelines. In view of the above, the impugned order cannot sustain. For the reasons aforementioned, this writ petition is allowed. The impugned order issued by the District Social Welfare Officer, Palamau by memo No. 447 dated 11.4.2012 is quashed.