CONTC/3260/2026 of DUSMANTA NARAYAN ACHARYA Vs DR MRINALINI DARSWAL,SECRETARY, WCD DEPT. GOVT OF ODISHA on 17 July 2026

ORDER

17.07.2026

This complaint alleges non-compliance of the order dated 20.08.2025 entered in complainant’s WP(C) No.22365 of 2025.

At the stage of admission, learned AGA Mr. Behura has produced the subject order, where the Child Development Project Officer, who happens to be the contemnor herein has stated as under: “Sir, Inviting a reference to the subject cited above, I am herewith to say that after receiving the order copy of case no WP(C) No. 22365/2025 filed by Dusmanta Narayan Acharya -vrs-State of odisha to take action as per the law in the light of the order of the Hon'ble High Court and submit the Action taken report to your good office. The detail ATR report has submitted the following detailed report for the same, That, on 19.03.2024, One Word Member, Gangadhar Patra, submitted an RTI and alleged about misappropriation of Anganwadi benefits against Mahu Bazardandi AWC.

That, On 26.03.2024, the then CDPO, Aul, Smt. Pankajini Mishra deputed Smt. Suvasini Nayak, LS, Mahu to conduct enquiry about the same.

That, Smt. Nayak found that the AWW was not doing her duty sincerely and not formed any committee related to AWC and also beneficiaries were not getting benefits from Govt. Work and also beneficiaries insisted to Smt. Nayak to take action against AWW as per prevailing Govt. Guidelines. There was clearly lack in functioning anganwadi services by AWW. That on 26.03.2024, LS, Mahu, Aul sought explanation regarding the allegations to AWW vide letter no. 02 dtd, 26.03.2024 On, 02.04.2024, Villagers put forth another complain alleging the misappropriation of AWC fund to CDPO, Aul. That, on 05.04.2024, CDPO Aul sought explanation regarding the allegations regarding non formation of Jaanch Committee, Matru Committee, GKS fund committee from 2022, also there was no records and registers in the AWC. AWW was not present during VHND, Immunization, Home visit, etc. There was no toys in the AWC despite getting fund for the same every year. That, AWW could not demonstrated any of 6 schemes of ICDS and AWW was providing Biscuits to Children in place of HCM from January 2025 (Retirement of AWH of Mahu Bazardandi AWC) to the date of first enquiry by the then CDPO, Smt. Pankajini Mishra. That, on 12.04.2024, Smt. Arati Tripathy submitted her explanation and informed that the Pre-school children were 11 but before was 26. That, on dtd. 25.04.2025, Smt. Manjulata Patra submitted an application regarding the misappropriation of AWC fund and at Mahu Bazar dandi AWC. That, on 03.07. 2024, Smt. Gayatri Swain, conducted an enquiry at Mahu Bazardandi AWC and found out that That, the AWW have the photo copy of vouchers of Medicine Kit purchased but vouchers of purchase of toys is available for 02 years and voucher of purchase of medicine kits and others are photocopy of each other for 04 years from 2020-21 to 2023-24 available with AWW. Which shows, used Pre-School kits and vouchers are used for the same for the years 2022-23,2023-24. That, the balance of fund of GKS in bank account OGBAICG09001000000146 as on 30.12.2023 was 39201/- and an amount of 35000/- was withdrawn on 28.02.2024, from which only an amount of 5600/- was used for different work under GKS

having the vouchers. Remaining amount of Rs. 32400/- is present as cash in hand. That, the AWW explained that, non-cooperation of others involved in Anganwadi work is the cause of drawing above amount. That, the distribution of THR, Chhatua, etc are on time according to guidelines as per the available register. That, as per the above findings, the then CDPO, Aul, Smt. Mishra took action on AWW in the month of May 2024. That, 13 children were enrolled in Mahu Bazardandi AWC from January 2024, the LS of Mahu sector is continuously observing the same. The SNP funded to AWW for the months of January, February and March 2024 is adjusted to 06 after observation and verification of lady supervisor, Mahu with the attendance of the AWC. That, the honorarium for 03 days for the month of April-2024 of Anganwadi Worker was held up as disciplinary action against her by the then CDPO, Aul, Smt. Mishra. That, instructed AWW to form jaanch Committee, Matru committee and GKS expenditure committee. That, the LS discussed with the jaanch Committee, Matru committee and other beneficiaries like pre-school children, pregnant women and lactating mothers and found that the anganwadi work 5 now functioning well. That, the AWW had distributed dry ration and eggs during summer vacation.

That, the morning breakfast and HCM was provided to the present children. Following the above enquiry, the then CDPO, Smt. Pankajini Mishra also carry out door to door enquiry of the above complains on 05.07.2024 AN and found that the children were coming regularly to Anganwadi centre and AWW has been preparing HCM regularly according to guidelines. The beneficiaries like Pregnant Women and Lactating Mothers were also getting THR properly. That, again on dtd. 05.06.2025,, CDPO, Aul was carried out the detail enquiry for the same and found that, The AWW is now working as per the guidelines and also provided HCM and breakfast to Pre-school children. There were toys available in AWC and vouchers are somehow present with the AWW. That, the AWW now produced vouchers with signs of jaanch committee and matru committee after the formation of same. Therefore, no action has been taken against her as of now in this office. The above report is now submitted for your kind information and necessary action. Sd/- Child Development Project Officer, Aul”

Learned counsel appearing for the complainant vehemently argues that there is no due compliance and therefore, the proceedings should be kept on and that the contemnors be tried. We do not agree with this, inasmuch as, the Contempt Court cannot undertake a critical examination of the compliance.

In the above circumstances, the proceedings are dropped with liberty to the complainant to agitate the leftover grievances elsewhere in accordance with law and in that connection all contentions are kept open.

Mr. Behura, learned AGA submits the letter would be sent to the complainant by speed post immediately and that is noted.

Web copy of this order to be acted upon by all concerned.

(Krishna S. Dixit) Judge

Prasant Digitally Signed Signed by: PRASANT KUMAR SAHOO Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 17-Jul-2026 16:25:39 Signature Not Verified