Mamta Devi vs State Of Bihar And Ors

Heard counsel for the petitioner, counsel for the State as well as counsel appearing for respondent no. 7.

This writ petition has been listed for hearing out of turn on the mentioning of counsel for the petitioner that his case is squarely covered by judgment and order dated 20.09.2016 passed in C.W.J.C. No. 308 of 2015 (Savita Kumari Vs. State of Bihar) as well as judgment and order dated 19.11.2018 passed in C.W.J.C. No. 16188 of 2018 (Punam Kumari Vs. State of Bihar and Ors.) as well as judgment and order dated 19.11.2016 passed in C.W.J.C. No. 7213 of 2015 (Ranju Kumari Vs. State of Bihar and Ors.).

Writ petition was filed for quashing the order dated 01.09.2016 passed by District Programme Officer, Buxar by which petitioner was removed from the service as Anganbari Sevika as well as order dated 15.06.2017 by which the appellate authority District Magistrate, Buxar has rejected the appeal of petitioner.

Proceeding was initiated against petitioner Mamta Devi (Anganbari Sevika) as well as Rita Devi (Anganbari Sahayika) on the report of C.D.P.O., Simri dated 19.07.2016 for following acts of omission and commission:-

(1) on 14.07.2016 at about 11.20 AM she had inspected the Anganbari Centre and same was found to be closed and Sevika and Sahayika both were found absent. No one was present near the centre from whom any query could be made

(2) Anganbari Centre has not been shifted although D.P.O. by letter dated 14.01.2016 has directed to shift the Anganbari Centre outside the house of Anganbari Sevika. Sevika and Sahayika should perform their duty with mutual cooperation and help but order has not been complied yet which is adversely affecting functioning of Anganbari Centre.

(3) According to memo dated 21.05.2015 issued by Secretary, Welfare Department, if there is no building of Anganbari Centre then centre should be shifted in government school or nearby school but Anganbari Sevika of Centre No. 124 has not complied the order and is running centre in her house.

(4) According to memo No. 3200 dated 07.08.2015 remaining absent without any prior intimation by Anganbari Sevika/Sahayika entails their removal.

In her reply to said allegations, petitioner denied that she is running centre in her house. Centre is being run in the rented house of Harendra Ram. On 14.07.2016 after remaining present in the Anganabri Centre till 11:00 AM she went to attend meeting called by A.N.M. at Additional Health Centre. Anganbari Sahayika does not come to centre since 2011 and in spite of recommendation made by C.D.P.O. to remove her, no action was taken.

Anganbari Sahayika Rita Devi in her reply stated that she daily visit Anganbari Centre but Anganbari Sevika does not permit her to mark her attendance and she is also harassed and assaulted by Anganbari Sevika and her family members for which she had lodged a complaint in local police station where the matter was compromised and Anganbari Sahayika and her family members accepted that henceforth they will permit Sahayika to mark her attendance and will not assault her and by mutual cooperation will run the centre. C.D.P.O. by letter dated 31.01.2015 had directed to shift Anganbari Centre 124 at another place but same was not obeyed by the Sevika and Anganbari Centre is running on the same disputed place. She is going there but still she is being threatened to be assaulted. On 07.02.2015 Supervisor Usha Devi made inspection of the centre and in her presence Sevika and her family members said her that they will not permit Sahayika to come there. Nor they will permit to mark her attendance, as such, Anganbari Centre may be shifted as per order dated 31.01.2015 so that she could mark her presence.

After considering the reply/explanation submitted by Sevika and Sahayika D.P.O. held that in spite of repeated direction to Sevika and Sahayika to run the Anganbari Centre by mutual cooperation, same was not followed due to animosity between them and function of Anganbari Centre remained obstructed for a long period for which both are equally responsible. Neither both are cooperating with each other nor Anganbari Centre has been shifted out of the house of Sahayika and D.P.O. has further observed that during hearing of the case also mutual respect, cooperation and goodwill was found completely lacking between the two, accordingly passed order of removal of both from their post.

Against the order passed by the D.P.O. , petitioner Mamta Devi preferred appeal before the District Magistrate, Buxar giving rise to case No. 185 of 2016 and after hearing both the parties the appeal was dismissed.

It is true that petitioner was found absent on 14.07.2016 when her centre was inspected by the C.D.P.O., Simri for which she has given a valid reason that at the time of inspection she was attending a meeting called by ANM in the Additional Health Centre, Akauna, as such, on said ground she could not have been removed and her case is also covered by the judgment as cited by the learned counsel for the petitioner. However, there is no valid explanation for not obeying the order and direction of Higher Authorities regarding shifting of Anganbari Centre out of her house in spite of repeated direction and reminder as well as there was total lack of cooperation and goodwill between the Anganbari Sevika and Anganwari Sahayika which was adversely affecting the functioning of Anganbari Centre and as such order of removal is not solely based upon her absence on one particular day but there are other valid reasons for her removal also, as such, the case of petitioner is only partly covered by the judgment and order as cited by the counsel for the petitioner on basis of which present writ petition cannot be disposed of. Accordingly, the writ petition is directed to be listed before the concerned roster Bench.

List this case on 20.04.2020.