IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7618 of 2010 Nandini Kumari wife of Sri Murari Lal Saw, Resident of Village Giddhaur (Patsanda), P.O. & P.S. Giddhaur, District Jamui (Bihar)...........................Petitioner Versus 1. The State Of Bihar. 2. The District Magistrate, Jamui (Bihar) 3. The District Welfare Officer, Jamui (Bihar). 4. The Child Development Project Officer, Giddhaur, District Jamui (Bihar)…Respondents ----------- 3 06.05.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. It appears that the petitioner was earlier appointed as Anganwari Sevika of the Centre in question. Thereafter, on some enquiry it transpired that petitioner’s husband was in Government service. Therefore, under the orders of the Collector, her appointment was cancelled. Learned counsel for the petitioner submits that the order of cancellation was never received by petitioner and it was an ex parte order. He submits that petitioner had earlier received some notice against which she had filed her representations before the Collector, copies whereof are Annexures 8 and 9. He 2 submits that thereafter petitioner has not received any communication with regard to cancellation of her appointment. It appears that in the meanwhile, another Aam Sabha was held in which respondent Geeta Devi was selected, but since the minute of the proceeding was not signed, she did not get her engagement letter and as such, she moved this Court through CWJC No. 6678 of 2009 which was disposed of by order dated 22.06.2009 as contained in Annexure-S/2 with I.A. No.5771 of 2010. The order shows that she was directed to furnish a copy of the representation before the District Magistrate, Jamui who was directed to consider and dispose of the same by passing a reasoned order. Pursuant to the said order, the Collector considered the matter and passed order on 23.02.2010 which is annexed as Annexure- S/1 with the said I.A. The order of the Collector shows that earlier order was passed by his predecessor who had cancelled engagement 3 of petitioner as contained in Memo No.53 dated 18.01.2008. The show cause reply of the petitioner, as contained in Annexure- 8, does not contain any date. However, the next show cause as contained in Anenxure-9 shows that it was filed by petitioner before the Collector much after the said order of the Collector and only on 10.07.2008. From the show cause Annexure-9 it is apparent that petitioner had knowledge that second Aam Sabha meeting was going to be held on 17.06.2008. Thus, this representation shows that petitioner had knowledge that the post of Anganwari Sevika had fallen vacant and, therefore appointment is going to be made against the same. In the circumstances, it is difficult for this Court to believe that petitioner had no knowledge about cancellation of her engagement as Anganwari Sevika. It is not her case that she was an applicant in the second Aam Sabha also and her case was not considered in preference to said respondent Geeta Devi. Petitioner is 4 still harping upon her claim that she had no knowledge of cancellation of her engagement and without receiving any order, respondent Geeta Kumari has been appointed by misinterpreting the orders of this Court that this Court had directed for her appointment. Her second representation (Annexure-9) belies the stand of the petitioner. The very fact that she has mentioned in her representation (Annexure-9 which was filed after six months of the order of the Collector dated 18.01.2008) that second Aam Sabha was going to be held on 17.06.2008, shows that she had full knowledge that she had been removed. In fact, this representation was filed after Aam Sabha was actually held on 17.06.2008. Thus, this Court finds that petitioner has not come before this Court with clean hands and has tried to suppress the fact that she had full knowledge of her removal earlier on the order of the Collector contained in Memo No.53 dated 18.01.2008. 5 In the circumstances, this Court does not find any merit in this application. The same is dismissed. BT (J. N. Singh, J.)