Page No.# 1/3 GAHC010257722024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6552/2024 GOURI RABIDAS WIFE OF- GANESH RABIDAS, RESIDENT OF VILL.- KANAKPUR RABIDAS PARA, P.S.- JOYPUR, DISTRICT- CACHAR, ASSAM, PIN- 788003 VERSUS THE STATE OF ASSAM AND 3 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SOCIAL WELFARE DEPARTMENT, DISPUR, GUWAHATI- 06 2:THE DIRECTOR OF SOCIAL WELFARE ASSAM UJANBAZAR GUWAHATI- 781001 3:THE DISTRICT SOCIAL WELFARE OFFICER CACHAR P.O.- SILCHAR DISTRICT- CACHAR PIN- 788001 4:THE CHILD DEVELOPMENT PROJECT OFFICER RAJABAZAR INTEGRATED CHILD DEVELOPMENT PROJECT DISTRICT- CACHAR ASSAM PIN- 78810 Advocate for the Petitioner : MR. L R MAZUMDER, MR. A ISLAM,MR E HUSSAIN Advocate for the Respondent : GA, ASSAM, BEFORE Page No.# 2/3 HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 27.06.2025 Heard Mr. L.R. Mazumder, learned counsel for the petitioner. Also heard Mr. J.K. Goswami, learned Additional Senior Government Advocate for the respondent. The petitioner was appointed as an Anganwadi Worker at Anganwadi Centre No. 153 under the Rajabazar I.C.D.S. Project, Cachar. In connection with P.S. Case No. 47/2019, registered under Sections 420 and 468 of the Indian Penal Code (IPC), the petitioner was arrested and remained in judicial custody for more than 48 hours. Based on this ground, the Child Development Project Officer (CDPO) in-charge issued an order dated 07.09.2019 cancelling the petitioner’s appointment, solely on account of her arrest and custody. Thereafter, the petitioner submitted a representation challenging the termination. Subsequently, the petitioner was granted bail by this Hon’ble Court vide order dated 01.06.2022. The related criminal case, namely PRC No. 50/2021, pending before the Sub-Divisional Judicial Magistrate (M), Lakhipur, Cachar, was contested on merits and disposed of by order dated 02.07.2024. By the said order, the learned Magistrate acquitted the petitioner, holding that the prosecution failed to establish the charges beyond all reasonable doubt. Following the acquittal, the petitioner submitted a representation dated 26.09.2024 before the CDPO, Rajabazar I.C.D.S. Project, Cachar, seeking reinstatement. However, as claimed by the petitioner, the said representation has not been disposed of till date. Pursuant to the issuance of notice, the CDPO has filed an affidavit. While there is an averment in the affidavit filed by the CDPO that the petitioner's Page No.# 3/3 representation has been forwarded to the Directorate of Women and Child Development, Government of Assam, the affidavit is silent on the current status of that representation, including whether it has been disposed of or remains pending. Furthermore, there is no mention of any provision or guideline under the applicable service rules which would provide that the arrest of an Anganwadi Worker automatically leads to the cancellation or termination of her appointment. Mr. J.K. Goswami, learned counsel for the respondent, also submits that he does not have specific instructions as to whether the representation submitted by the petitioner before the CDPO has been considered or acted upon. Under such circumstances, this Court considers it appropriate to dispose of the writ petition with a direction to Respondent No. 2 to expeditiously consider the prayer of the petitioner, particularly in view of the order dated 02.07.2024 passed by the learned SDJM in PRC No. 50/2021, whereby the petitioner was acquitted of the offences alleged against her. The Director shall also consider the petitioner's representation in accordance with the applicable guidelines and service Rules governing the engagement of Anganwadi Workers, and shall pass a reasoned and appropriate order thereon. If no other criminal case is found to be pending against the petitioner, she shall be reinstated in service by recalling the cancellation order dated 07.09.2019. Accordingly, writ petition disposed of. JUDGE Comparing Assistant