IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8669 of 2007 REKHA KUMARI, wife of Ranjan Prasad, resident of Village- Mahgupur, P.S. Noorsarai, District- Nalanda…………………………………..Petitioner. Versus 1. The State of Bihar through Secretary, Welfare Department, Government of Bihar. 2. The District Magistrate, Nalanda. 3. The District Welfare Officer, Nalanda. 4. The Deputy Collector Incharge-cum-Secretary, Jan Shikayet Cell, Nalanda. 5. The Block Development Officer, Noorsarai Block, Nalanda. 6. The Incharge, Health Office, P. H.C. Noorsarai, Nalanda. 7. The Civil Surgeon-cum-Chief Medical Officer, Nalanda…..Respondents. -------- 4. 24.01.2011. Heard learned counsels for the petitioner and the State. This writ application has been filed for quashing the order dated 30.12.2006 issued vide letter no. 1518 by which the petitioner’s appointment as ‘Aasha Worker’ has been cancelled on the basis of an enquiry report of the Block Development Officer, Noorsarai, which was conducted in pursuance to the complaint made in the ‘Janta Darbar’ of the Hon’ble Chief Minister. The quashing of Memo No. 1876 dated 04.05.2007 has also been prayed for whereby the Civil Surgeon-cum-Chief Medical Officer, Nalanda, directed the Incharge Medical Officer, Primary Health Centre, Noorsarai, in the district of Nalanda, for taking action for fresh appointment of ‘Aasha Worker’. It is also - 2 - prayed that the petitioner may be allowed to discharge her duties in pursuance to agreement of employment dated 09.10.2006. The quashing of Letter no. 336 dated 18.07.2007 has also been prayed for by filing interlocutory application whereby the dates for convening the ‘Aaam Sabha’ for fresh appointment of ‘Aasha Workers’ was fixed, but subsequently vide order dated 26.07.2007 of this Court the selection of ‘Aasha Workers’, Panchayat Barapur Mahagupur Centre was stayed. The petitioner was employed in pursuance to the agreement dated 09.10.2006 as contained in Annexure-2 for a year. Consequently, the petitioner started functioning. It appears that some complaint was made in the ‘Janta Darbar’ of the Hon’ble Chief Minister with regard to appointment of ‘Aasha Worker’. Consequently, an enquiry was conducted by the Block Development Officer, Noorsarai, as contained in Annexure-C to the counter-affidavit which reflects that ‘Aaam Sabha’ does not reflect the place and time of the ‘Aaam Sabha’ in which neither any officer nor any worker of the Health Department were present and ‘Aaam Sabha’ was conducted in presence of 28 members. The said enquiry report - 3 - vide letter no. 2035 dated 18.12.2006 was transmitted to the District Welfare Officer, Nalanda, by the Block Development Officer, Noorsarai. Subsequently, the said report was placed vide letter no. 1818 dated 29.12.2006 by the District Welfare Officer before the Deputy Collector Incharge-cum-Secretary Public Grievances Cell, Nalanda, and on the margin of the said letter, the District Magistrate recorded the cancellation of the appointment of the petitioner on the basis of the enquiry report of the Block Development Officer. It is contended by the learned counsel for the petitioner that Clause 4 of the guidelines issued by the Health Department as contained in Annexure-1 suggests that for action being taken in case of irregularity, the complaint has to be filed on oath and the charges will be enquired by the District Magistrate-cum-Chairman of the District Health Committee after hearing all affected persons but neither the enquiry report, as contained in Annexure-C to the counter-affidavit nor the impugned order of termination, as contained in Annexure-3 to the writ application reflect that the complaint was made on affidavit or the - 4 - enquiry was conducted by the District Magistrate or the petitioner was ever noticed. It is well settled law that if a procedure is prescribed for doing a thing in a particular manner then it has to be done in that particular manner or not at all. Hence, on this score alone, the impugned order of termination is not sustainable. Clause 5(V) of the guidelines suggests that in the ‘Aaam Sabha’ for selection of ‘Aasha Worker’, the presence of 10% adult members of the area is required. The enquiry report suggests that there were 28 persons but the enquiry officer has failed to record the exact adult population of centre/area for which the petitioner was appointed. Hence, on this score also the enquiry report with regard to lack of corum is absolutely misconceived. The other ground recorded in the enquiry report suggest that ‘Aaam Sabha’ register does not reflect the place and time of the meeting nor any officer or worker from the Health Department were present in the meeting but for this the petitioner can not be held responsible rather the District Magistrate ought to have taken action against the Selection Committee - 5 - for not following the procedure. Further from Annexure-3, it appears that the District Magistrate mechanically issued termination order on the margin of the letter addressed to the Deputy Collector by the District Welfare Officer without applying his mind and without assigning any reason for terminating the petitioner. Learned counsel for the State, Mr. Gopal Krishna, A.C. to G.P.IX, submits that as per guidelines an ‘Aasha Worker’ has to be appointed on a population of 1000 hence the presence of 10% population for constituting corum for ‘Aam Sabha’ comes to one hundred persons. The said contention of the learned counsel for the State is fit to be rejected as 1000 population is a pre condition for appointing an ‘Aasha Worker’ and for constituting corum for meeting of ‘Aam Sabha’ as incorporated in Clause 5(V) of the guidelines, as indicated above, requires presence of 10% of adult population of the area hence 10% population can not be derived without assessing the adult population of the area. Considering the misconceived enquiring report, the absolutely non-speaking termination - 6 - order dated 30.12.2006 as contained in Annexure-3 which has been passed in derogation to the guidelines is hereby quashed. Accordingly, the writ application is allowed. U.K. (Dinesh Kumar Singh,J)