CWP NO.2102 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 18.3.2009 Manjit Kaur and another ...Petitioners VERSUS The State of Punjab & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Arun Bansal, Advocate for the petitioners Mr.BS Chahal, DAG, Punjab for respondents no.1 to 4 Ms.G.K.Mann, Advocate for respondents no.6 & 7 Permod Kohli, J. (Oral) The petitioners and respondents no.6 and 7 applied for the post of Anganwari Worker and Helper in village Nangal Amb for which applications were invited. Respondents no.6 and 7 were appointed vide orders dated 24.9.2007 (Annexures P-1 and P-2, respectively). These appointments were made on the basis of the resolution adopted by the Panchayat of the Village Nangal Amb. The petitioners have challenged their appointment on the ground that they were not residents of village Nangal Amb at the time of their appointment and they shifted to Village Chak Bala, Tehsil Ajnala, District Amritsar. On being put to notice, the official as well as private respondents CWP NO.2102 of 2008 2 have filed their detailed counters. The private respondents have placed on record copies of ration card, identity card as also the voter-list in support of their claim. It is contended that the private respondents were residents of village Nangal Amb at the time of their appointments. Respondent no.5 who is Sarpanch of Gram Panchayat, Nangal Amb has also filed affidavit/counter supporting the case of the petitioners. There seems to be disputed question of fact and this court, in exercise of jurisdiction under Articles 226 of the Constitution of India is unable to decide this question. In view of the above, this petition is disposed of with a direction to the Deputy Commissioner, Amritsar to decide the question of residences of the petitioners and respondents no.6 and 7 as on the date of advertisement/appointment. He will hold an enquiry in this regard by associating the petitioners as well as respondents no.6 and 7. The enquiry shall be completed within a period of four months from the date a certified copy of this order is received by him. On completion of enquiry if the findings are in favour of respondents no.6 and 7, he will inform the competent authority. However, if the findings are against them, he will initiate the process for their removal in accordance with law by observing the principles of natural justice. (PERMOD KOHLI) JUDGE 18.3.2009 MFK