IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15656 of 2011 ====================================================== 1. Piyus Kumari W/O Mahendra Kumar Chaudhary Resident Of Village- Sirajpur, P.S.- Parbatta, District- Khagaria .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary, Social Welfare Department, Govt. Of Bihar, Patna 3. The Director I.C.D.S, Social Welfare Deptt., Govt. Of Bihar, Patna 4. The Divisional Commissioner, Munger 5. The District Magistrate, Khagaria 6. The Additional District Magistrate, Kahgaria 7. The District Welfare Officer, Khagaria 8. The District Programme Officer, Khagaria 9. The Child Development Project Officer, Parbatta, Kahgaria 10. The Mukhiya Temtha Karari Gram Panchayat Khagaria .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.15837 of 2011 ====================================================== 1. Rupam Kumari W/O Udai Chaudhary Resident Of Village-Sirajpur, P.S.- Parbatta, District-Khagaria. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. The Principal Secretary, Social Welfare Deptt., Govt. Of Bihar, Patna. 3. The Director I.C.D.S., Social Welfare Deptt., Govt. Of Bihar, Patna. 4. The Divisional Commissioner, Munger. 5. The District Magistrate, Khagaria. 6. The Addl. District Magistrate, Araria. 7. The District Welfare Officer, Khagaria. 8. The District Programme Officer, Khagaria. 9. The Child Development Project Officer, Parbatta, Khagaria. 10. The Mukhiya, Temtha Karari Gram Panchayat, Khagaria. .... .... Respondent/s ====================================================== Appearance : (In CWJC No.15656 of 2011) For the Petitioner/s : Mr. Shailesh Kumar Sharma For the Respondent/s : Mr. Rajesh Kr.Verma Sc27 (In CWJC No.15837 of 2011) For the Petitioner/s : Mr. Shailesh Kumar Sharma For the Respondent/s : Mr. Amar Nath Deo Sc26 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA Patna High Court CWJC No.15656 of 2011 (3) dt.15-12-2011 2 ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 3 15-12-2011 Heard learned counsel for the petitioner and the State in both the applications. The petitioners are Angan Bari Sevikas aggrieved by the orders dated 4.3.2010 and 20.5.2010 passed by the Principal Secretary, Social Welfare Depart, Government of Bihar, upholding the removal from their respective posts. Learned counsel for the petitioners sought to persuade the Court that the findings of the Principal Secretary was not in accordance with the enquiry report and the statement of witnesses recorded during the enquiry. Angan Bari Sevikas are mere agents of the Government for dissemination of welfare schemes. They are not government servants and are not entitled to protection of their contractual status at par with government servants. Who is best suited as an agent of the Government for dissemination of welfare schemes is for the Principal to decide and it is not for the Court to thrust an agent upon an unwilling Principal. Only because the Principal happens to be the State Government, a basic requisite shall be compliance with the Principles of Natural Justice only as held in 2004(2) P.L.J.R. 833 ( Smt. Sajjan Devi & Ors.vs. State of Bihar & Ors.). The earlier deficiencies which were found in the removal of the Patna High Court CWJC No.15656 of 2011 (3) dt.15-12-2011 3 petitioners on allegations for dereliction in discharge of duties stand remedied now when they have been heard. If the Principal Secretary has opined by a reasoned and speaking order that the petitioners were not suited as the agents of the State Government for dissemination of welfare schemes, the Writ Court shall not enter into the thicket of the case to re-examine the evidence and re-write the relations of the Principal and Agent. As held in C.W.J.C. No.3769/09, C.W.J.C. No.5244/10 and by a Division Bench in L.P.A. No.772/11 the appropriate remedy for such an agent may lie in a civil suit only. The writ applications are disposed. Krishna Chandra Jha/- (Navin Sinha, J)