1t ,.%« ^F f^ IINOIE i IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRITPETITION No^ / b ^2005 PETITIONER ^y 4r RESPONDENTS Kanti Sharma, W/o. Shri Sitaram, Sharma, Aged about 42 years, R/o. Village Sonhat, P.S. & Tahsil Sonhat, District Koriya (C.G.) VERSUS 1 State of Chhattisgarh, Through Secretary & Ministry of Woman and Child Welfare Department, D.K.S. Bhawan, Raipur (C.G.). 2. Disti-ict Woman & Child Developinent Officer, District Koriya (C.G.) 3. Collector, District Koriya (C.G.) . 4. Chief Executive Officer, Sonhat^ Tahsil Sonhat, Distt.Koriya (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA AUI^~^^^j?ririMEl&^ XI-HC-78 *<l^<1l 5b*ll<ft 3^T ^qiqicriq, ^Tfl^^Ko, (^^11^^< ^j^^z^IW^200 3^l^i ^5|cb (^I^^T) 3TT^T^T^i<t) ?^<TTW ^cT ^ni^T 13.7.2006 Shri Arun Kumar Shukia/ Ad^ Shri Sati^h ©upta,by. ©ovt. Heard. By the Instant petition the propriety and correc+ness of order the petitioner has been removed fr^ 9round that on 4.5.2005 at the tim^ the State in VillG9e KQchohar the duties. It has been mentioned in th removed without following the pr< policy for Qppointm^nt.Qnd remov'Ql On the fatefui day, the petil she ieft the Center at 2.00 p.m. ^ jnstitution, as she WGS not feiling i ottested by the Medicai Officer, S P-11, prescription of medicine is Anr Sram Pcnchayat, Banshipur is Anne> I haye hecsrd ieQrned counsel Peruscl of impugned order dc durin9 the visit of Hon'ble the Chi wos found absent from her du1 performance of duty she hos beer chi^Icn^n'i Hi^^iT^teI^t<F5i'(-<;i< ^3Tf^T3T^T ocate for the petitioner. ^dv. for the State. petitioner has questioned the iegality, dated 6.5.2005 (Annsxure P-1) whsrsby im the post of Aoganwadi Worker on the of visit of the Hon'ble Chlef AAinister of petitioner WQS fouhd absent from her e petition thot the petitioner hos been ?cedure QS envisaged in Annexure R-2 ^f Aaganwadi Worker/Sohayika "ioner was on duty from 7am to 12 noon, rith the permission of the head of the yeli, which is apparent from the report onhat. Medicai certiflcGte is Annexure icxure P-12 and certificate issued by the [ure P-13. |for the parties and perused the record. |ted 6.5.2005 (Annexure P-1) shows thot ^f Minister on 4.5.2005, the petitioner 1-ies and therefore, for neg!igence in removed from the post of AcQanwadi P.T.O. XI-HC-78 T^T ^II^Krt^, ^Tn^JI<o, [slcnKriy *11*1MI $b*1ich ^ 200 STT^Tq^F (yil^<si^) 3T^T^T^i<t) 5b^l|ch ^RTT^R: ^f?cT 3:nc!^T .<—Z< Worker. A scheme dated 29.10.19^! the VVomen <& Chiid Deveiopment t^< appointment and remova! of Aogonw( scheme reiates to the procedure SQhcyika Sub-clause (2) of Clause ({ entitled to remove any A^dnwadi ^ js entitied to remove that too undeit' Panchayat want^ to remove any AGQ^ PanchGyat hod to pass a resolu^ Worker/SahGyikQ ond SQme shaii b4 Officer and in turn, sdd officer tyyo weeks' froin the date of recei^t the matter shai! be enquired into i| the concerned officer aion9with hi^ the Janpad Ponchayat and it shail b^ tilj the report of ChEid Develo? recommendQtion, the JanpGd Aa9^nwGdi Worker/Sahayika Even i{ Ao.Qanwa.di y^orker/Sahayika from ^h procedures cnd recommend the c<2s4 In the pre^ent cose it is e'j 6.5.2005 (Annexure P-1) thot the peji without foiiowing the obove proa 4.5.2005 at the time of visit of Hod'l hib^eif 4)1^1^41^ ^l^dT^ftec^'<fa^l< ^3Tf^T3TT^?T ^6 (Annexure R-2) has been fromed by |epartment, State of AAP. for ^election, 2di Worker <& Sahayika. CIause (2) of said for removai of Ao9<2nwadi Worker & 1) soys that no viilage Panchayot shoil be ^orker/Sohayikci, on!y Janpad Panchayat the fojlowing conditions i.e. if any Qram |nwadi Worker/Sahoyika, then thct ©rom •lon for removai of thGt Aagonwodi sent to the Child Development Project or through the Supervisor, ^ithin of the resolution of $ram PGnchayct, the facts of the ccse ond thereafter, recommendQtion ^hall sent the same to binding for the Janpad Panchayat that Offlcer i^ not received ^ith the shdi not be entltied to reniove the the DepQrtmento! Officer removes the |he post, then he has to foiioi^ the above to the Janpad PGnchoyat. ^ident from the Impugned order dated -I'itioner has been removed from the post tdures merely on the ground that on 'bie the Chief AAini^ter of the Stote the P.T.O. pment|Prloject PQHCh^/Ot XI-HC-78 ^n^T^T^rN ?1^T9?RW "Ni4-; ^.^^ ^shan/- ^ TocT^nzn^pT, ^TTI^^IG, fsicni^y *TTH(<1I ?h<4lcf> ^ 200 3TT^?TCT^F ('ic'^c'<^') ^TT^K ^f?<T 3T1^T peTiTioner was tound absent fronl ^ubmitted that she Jeft the pl4 permi^jon from the authority, QS| the fore9oin9 reosons, the impuQn^ js iiabie to be quoshed, <2S the pro has not been foiio^ed. Accordjn9ly% the impu9ned whereby the petitioner has been| Worker is hereby quashed and the However, it is made ciear that ti^ cbl^Id^l-i HTWTt ^ te^ <F31^< ^3l1^T3^T her dutles, whereas, the petitloner has ice at about 2.00 p.m. after obtainin9 [she was not fse!jn9 well. Therefore, for |d order cannot be sustained and the same ^er procedure, as envjsaged in the poiicy, order dated 6.5.2005 (Annexure P-1) removed from the post of Aaganwadi (^etjtioner be rsinstated on the soid pos-t- |e respondents are not preciuded from initJGtin9 enquiry Qgam^ the petjtio|ner as per the ^cheme Annexure R-2. Consequentiy, M.(W.)P. No.2 Certified copy as per rujes. p7/05 also stands disposed of. Sd/- L.C. Bhadoo Judge P.T.O.