IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12373 of 2010 1. Shayara Khatoon W/O Amir Hamza R/O Vill Birpur, Block Khuttona, Distt-Madhubani Versus 1. The State Of Bihar 2. The Chief Secretary Bihar 3. The District Magistrate Madhubani 4. The District Welfare Officer Madhubani 5. The Child Development Programme Officer Madhubani 6. The District Programme Officer Madhubani ---------------------------------- 2. 02.12.2011 Heard learned counsel for the petitioner and the State. No counter affidavit has been filed despite the fact that the writ petition was filed more than one year four months ago. It is submitted that allegations were against the petitioner holding the post of Sahika and one Smt. Ram Kumari Devi holding the post of Sewika that both were creating problems due to internal disputes in the functioning of the Anganwari Centre. The District Programme Officer arrived at the conclusion that they were both equally responsible and directed their removal on 13.2.2010. The Appeal preferred by the petitioner has been rejected by the District Magistrate on 11.6.2010. Simultaneously Smt. Ram Kumari Devi had also preferred an Appeal which has been allowed by the District Magistrate on 11.6.2010. 2 The short submission therefore is that if the findings for dereliction in discharge of duties were common with regard to both of them and holding them equally responsible for their respective conducts, there could be no justification for differential punishment being meted out to the petitioner. Learned counsel for the State is unable to persuade the Court to take a view different from that even on issue of punishment, there can be no disparity under Article 12 of the Constitution of India and that persons similarly indicted in a common course of events are required to be dealt evenly. The appellate order dated 11.6.2010 is set aside. The petitioner is entitled to parity of treatment as Smt. Ram Kumari Devi. The order dated 11.6.2010 is set aside. The writ application is allowed. P. Kumar ( Navin Sinha, J.)