Court set aside an illegal termination order of an Anganwadi worker passed before she received the show-cause notice. The writ petition was allowed to restore natural justice.
Impugned order dated 21.08.2019 set aside; respondents at liberty to pass fresh order.
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HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.13184 of 2019
ORDER:
This writ petition is filed “to declare the action of the 3rd respondent in terminating the petitioner from Anganwadi worker post of Boppepali Village, Yellanur Mandal, Ananthapur District, vide proceedings dated 21.08.2019, as illegal and arbitrary.”
Case of the petitioner is that, she has been working as Anganwadi Worker since 2002; while so, she was served with show cause notice dated 19.08.2019 seeking explanation from her within 24 hours, but as the said show cause notice was served on the petitioner on 22.08.2019, she could submit her explanation only on 24.08.2019; but even before submitting her explanation, the impugned order dated 21.08.2019 was issued. Hence, the writ petition.
Learned counsel for the petitioner submits that the show cause notice dated 19.08.2019 seeking explanation from the petitioner, within 24 hours, was served on the petitioner only on 22.08.2019 and that she submitted her explanation on 24.08.2019. He further submits that even though specific stand has been taken by the petitioner stating that the show cause notice was served on 22.08.2019, there is no specific denial in the counter-affidavit filed by the respondents.
Learned Government Pleader appearing for the respondents submits that as many complaints were received against the petitioner, impugned order has been passed without reference to the show cause notice.
Assuming for a moment that the impugned order has been passed without reference to the show cause, as contended by the learned Government Pleader the said impugned order is bad as it is passed without any notice and opportunity to the petitioner. Further even presuming that the impugned order was passed basing on the show cause notice dated 19.08.2019, no reasonable opportunity was given to the petitioner to submit her explanation. As the contention of the learned counsel for the petitioner that she received the show cause notice on 22.08.2019 is not denied by the respondents, it should be presumed that the show cause notice was received by the petitioner only on 22.08.2019. Hence, it can be concluded that even before the show cause notice is received by the petitioner, she was terminated from the post of Anganwadi Worker. In the facts and circumstances of the case, the impugned order dated 21.08.2019 is set aside. However, the respondents are at liberty to pass fresh order basing on the explanation submitted by the petitioner on 24.08.2019, strictly in accordance with law.
The writ petition is allowed accordingly. No order as to costs. Miscellaneous petitions, if any, pending in the writ petition shall stand closed.
Date: 10.12.2019 BSS
__________________________ KONGARA VIJAYA LAKSHMI, J
HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.13184 of 2019
12
Date: 10.12.2019
BSS
3 issues framed by the court
Whether termination of an Anganwadi worker prior to receipt of show-cause notice violates principles of natural justice.
Whether the impugned termination order should be set aside for violation of natural justice.
Whether the authority can pass a fresh order after receipt of the petitioner's explanation.
Petitioner
Respondents
KONGARA VIJAYA LAKSHMI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
