Allowed

J v. Ramanamma v the State of Ap

Andhra Pradesh HC11 Dec 2019WP/6930/2019

Case brief

AI extract

What is this about?

In this writ petition challenging the termination of an Anganwadi Worker's services due to her arrest and judicial custody, the High Court held that the termination order dated 27.12.2018 was illegal because no show-cause notice was issued as required by departmental guidelines, and set aside the order.

What did the court decide?

The impugned order dated 27.12.2018 terminating the petitioner's services was set aside.

J v Ramanamma Vs the State of Ap — Pension and Retirement Benefits | Andhra Pradesh HC (2019)

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HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI

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Writ Petition No.6930 of 2019

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ORDER:

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This writ petition is filed “to declare the action of the respondents in terminating the services of the petitioner for the post of Anganwadi Worker of Atchutapuram Village & Mandal,Visakhapatnam District vide proceedings dated 27.12.2018, as illegal and arbitrary.”

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Case of the petitioner is that, she was appointed as Anganwadi teacher in the year 2002 and since then she has been working as such till the date of alleged termination of her service; as there was a dispute between the petitioner and her neighbour, she gave a complaint to the police, which was registered as Cr.No.84 of 2018; the neighbour also gave a complaint against the petitioner, which was registered as Cr.No.85 of 2018 for the offence under Sections 324, 323 read with 34 of IPC of Aytchutapuram PS; she was in judicial custody since 19.12.2018 and was released on bail on 27.12.2018; basing on the said crime, the impugned proceedings dated 27.12.2018 were issued by the 4^th respondent removing the petitioner from the post of Anganwadi Teacher on the ground that she was in judicial custody for more than 24 hours under the provisions of A.P. Civil Services Code (Conduct) Rules, 1964; no notice was issued to the petitioner before terminating her. Challenging the same, the present writ petition is filed.

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Counter-affidavit is filed by the respondents stating inter-alia that a crime has been registered against the petitioner and that as per G.O.Ms.No.42, WD & CWD Department dated 21.11.2008, if any Anganwadi worker is found to be un-authorized absent for more than five consecutive days or three separate instances, his/her services are

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liable to be terminated by issuing show cause with at least 10 days notice.

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Learned Government Pleader appearing for the respondents submits that as per the guidelines in G.O.Ms.No.42 dated 21.11.2008, the impugned order has been passed.

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As seen from the above G.O., if any Anganwadi worker is found to be unauthorizedly absent five consecutive days or three separate instances, services of such person are liable for termination by following the procedure of issuing a show cause with at least 10 days notice. Admittedly, in the present case, no such show cause notice has been issued to the petitioner before terminating her services. In view of the same, the impugned order is liable to be set aside.

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The Writ petition is allowed accordingly by setting aside the impugned order dated 27.12.2018. However, it is made clear that it does not preclude the respondents from taking appropriate action against the petitioner in accordance with law, if need be. No order as to costs. Miscellaneous petitions, if any, pending in the writ petition shall stand closed.

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__________________________ KONGARA VIJAYA LAKSHMI, J

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Date: 11.12.2019 Note: Furnish CC in one week. (BO) BSS

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HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI

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Writ Petition No.6930 of 2019

URGENT

Date: 11.12.2019

BSS

J v. Ramanamma v the State of Ap

Case brief

What is this about?

What did the court decide?

J v. Ramanamma v the State of Ap

Case brief

What is this about?

What did the court decide?

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