High Court of Judicature at Allahabad
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Smt. Phoolmati And Others v. State Of U.P. And Others - WRIT - A No. 5966 of 2006  RD-AH 2548 (1 February 2006)
HON. ARUN TANDON, J.
Petitioners who have been appointed as Anganbari Karyakarti are aggrieved by an order dated 30.12.2005 passed by the District Programme Officer, Azamgarh. Under the impugned order the appointment of the petitioners as Anganbari Kartyakarti has been cancelled on the ground that in the enquiry conducted under orders of the Chief Development Officer, Azamgarh dated 30.12.2005. The Sub Divisional Magistrate, Azamgarh has reported that appointments have been offered to Anganbari Karyakarti (including the petitioner) on the basis of fraudulent documents and forged proceedings. Basically the ground for challenge isthat the appointments have been offered to the petitioner in accordance with law the petitioners are not widow and lastly no opportunity of hearing has been afforded to the petitioners before passing the order.
In the opinion of the Court the issue as to whether the appointments offered to the petitioner on the basis of fraudulent documents/forged documents or not is a matter to be considered by the authorities themselves at the first instance and, therefore, it would be appropriate to grant liberty to the petitioners to make a representation ventilating all their grievances against the order impugned, before the District Magistrate, Azamgarh, with two weeks from today supported by such documents qua their appointments being in accordance with law.
The District Magistrate on receipt of representation shall call for the records and shall satisfy himself as to whether the petitioners have been appointed after following the due procedure and as to whether any fraud has been played in respect of their appointment or not. The District Magistrate shall pass a reasoned speaking order strictly in accordance with law preferably within four weeks from the date the representation is so filed. Writ petition is disposed of.
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