PATNA HIGH COURT ISSUES JUDGEMENT ON THE STATE OF BIHAR AND OTHER V/S PHULJHARI KUMARI AND OTHER

PATNA, India, July 17 -- Patna High Court issued the following judgment on July 10:

Heard the parties.

2. The present petition has been preferred for the following relief/s:

(i)for review of order dated 11.03.2019 passed passed in C.W.J.C. No. 12079 of 2014 by which the writ application preferred against the order dt. 26.04.2014 passed by the Deputy Director, Social Welfare Department, Patna in Anganbari Appeal No. 13 of 2012-13 and the order dt. 26.04.2012 of the District Programme Officer, Bhojpur by which the appointment of writ petitioner as Anganbari Sevika was terminated, has been set aside/quashed with direction to reinstate the writ petitioner with consequential benefit suffers from error "Suppressio veri" apparent on the face of record warranting dismissal of the writ petition.

3. The matter relates to Anganbari Centre, Tarachak (Centre Code No.110) under Agiwan in the district of Bhojpur where the writ petitioner Phuljhari Kumari, the sole opposite party came to be appointed as an Aanganbari Sevika.

4. An inspection of the center took place on 13.02.2012 and having not found Sevika/Sahaika at the center and alleging that the meal was also not prepared, the writ petitioner-opposite party was put on notice by the District Programme Officer, Bhojpur at Ara vide letter no. 540 dated 28.04.2012.

5. The lady gave reply on 07.05.2012 annexing the prescription of the Doctor to show that she was indisposed suffering from stomach disorder and the absence was not intentional. She thus prayed for exoneration from the charges.

6. Subsequently, the order of termination dated 26.04.2012 was issued by the District Programme Officer, Bhojpur recording that the explanation has not been found to be satisfactory (Annexure-3 to the writ petition).

7. An appeal preferred before the Appellate Authority came to be dismissed on 26.04.2014 by the Deputy Director, Patna Division, Patna which followed the writ petition.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTEjNDgjMjAyMCMxI04=-RBtyoBRap--ak1--A=

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