High Court: Ban on the dismissal of Dr. Akhilesh Mishra, Chairman of the Child Welfare Committee, the court sought a response from the government
A to Z Counsel
Dr. Akhilesh Mishra, President of Child Welfare Committee, Prayagraj. Photo: Amar Ujala.
hear the news
hear the news
Allahabad High Court has stayed the dismissal order of Dr. Akhilesh Kumar Mishra, President of Child Welfare Committee, CWC, Prayagraj. The court has sought reply from the state government in this regard within three weeks. Dr. Mishra was dismissed from the post by an order dated November 1, 2022, of Secretary Women and Child Welfare. This order has been challenged by filing a writ petition in the High Court. The petition was heard by a division bench of Justice Siddharth Verma and Justice Ajit Singh.
Advocate Subhash Rathi, appearing for the petition, said that the secretary’s order is one-sided and against the rules. The provisions of section 27(7) of the Juvenile Justice Act were not followed in passing the order. He also said that action has been taken only on the basis of the report of the two-member inquiry committee constituted by the District Magistrate. Even the clarification given by the petitioner was not considered.
The report of the inquiry conducted by the Inquiry Committee has also not been given to the petitioner so far. The court has stayed the dismissal order of November 1, 2022, finding prima facie force in the arguments of the petitioner’s advocate. Along with this, the state government has been directed to file a reply in this matter within three weeks. In this case, the Child Welfare Committee had sent the report of sexual exploitation of a child in Jagwanti Devi Children’s Home Rajrooppur to the District Magistrate and the District Probation Officer. In this regard, the news of sexual exploitation of the child was also published in the local newspapers. On the basis of which the District Magistrate constituted a two-member inquiry committee.
The report of the inquiry committee claimed the complaints of the Child Welfare Committee to be false and blamed the chairman of the Child Welfare Committee for leaking this information to the media. Taking cognizance of this report, Secretary Women and Child Welfare sought clarification from Chairman Akhilesh Mishra.
The chairman said in his clarification that the committee had sent its report to the District Magistrate after recording the statement of the victim boy and his mother. Whereas, the committee constituted by the District Magistrate denied the report of the child welfare committee without taking the statement of the victim boy and his mother. The petition also states that the reports of all inspections by the Child Welfare Committee are sent to the concerned authorities in a time-bound manner. Therefore, the allegation of negligence on the part of the President is baseless. The next hearing of the case will be on January 9, 2023.
Expansion
Allahabad High Court has stayed the dismissal order of Dr. Akhilesh Kumar Mishra, President of Child Welfare Committee, CWC, Prayagraj. The court has sought reply from the state government in this regard within three weeks. Dr. Mishra was dismissed from the post by an order dated November 1, 2022, of Secretary Women and Child Welfare. This order has been challenged by filing a writ petition in the High Court. The petition was heard by a division bench of Justice Siddharth Verma and Justice Ajit Singh.
Advocate Subhash Rathi, appearing for the petition, said that the secretary’s order is one-sided and against the rules. The provisions of section 27(7) of the Juvenile Justice Act were not followed in passing the order. He also said that action has been taken only on the basis of the report of the two-member inquiry committee constituted by the District Magistrate. Even the clarification given by the petitioner was not considered.
Ritika
