Sangeeta Shamlal Jawarkar vs the State of Maha., Thr. Secretary, Mumbai and Ors. — Bombay HC (2025) — LawSathi Research

Sangeeta Shamlal Jawarkar vs the State of Maha., Thr. Secretary, Mumbai and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Order dated 25/09/2018 of the Dy. Chief Executive Officer, Zilla Parishad, Amravati and order dated 12/02/2024 of the Divisional Commissioner, Amravati in Appeal No. 1/ Anganwadi Helper/Amravati/2023 quashed and set aside; petitioner directed to appear before the Dy. Chief Executive Officer on 15/04/2025 at 11.00 a.m.; respondent no. 4 - Chief Executive Officer, Zilla Parishad, Amravati directed to grant fair opportunity by supplying all material documents, give opportunity to reply, grant due hearing and take a decision thereafter; the petition stands disposed of.

Issue for consideration

Whether the petitioner's termination, effected without serving notice of the allegations, without conducting any inquiry and without granting any opportunity to reply or be heard, constitutes a violation of the principles of natural justice. +1 more

Court's answer

From the order dated 25/09/2018 of the Dy. Chief Executive Officer, Zilla Parishad, Amravati, it appears there was no notice duly served to the petitioner to inform her about the allegations made against her or about any enquiry.

Ratio / Principle

The statement recorded by the Child Development Project Officer, Dharni does not reflect that any opportunity was granted to the petitioner.

Key takeaways

Even if the authority may reject the petitioner's request for transfer (there being no such policy of transfer), that does not mean it may terminate her services abruptly without following the principles of natural justice.ratio¶¶25
There is nothing on record to show that any effort was made to serve the petitioner at her residence.ratio¶¶25
Acting only on the basis of some information, without granting the petitioner any opportunity regarding the said allegations, is a clear violation of the principles of natural justice.

Detailed headnote1 paragraphs

Natural justice — Anganwadi Sevika (in service since 01/06/1999 with Zilla Parishad, Amravati) terminated by order dated 25/09/2018 of the Dy. Chief Executive Officer without any notice being duly served about the allegations or about any enquiry, without inquiry and without opportunity; appellate confirmation by the Divisional Commissioner, Amravati by order dated 12/02/2024 in Appeal No. 1/ Anganwadi Helper/Amravati/2023 equally flawed. Held: even absent a transfer policy, rejecting the petitioner's transfer request to Chethar did not licence abrupt termination bypassing natural justice; acting merely on 'some information' without granting opportunity is a clear violation thereof, and the Appellate Authority ought to have allowed the appeal. Both orders quashed and set aside; petitioner to appear before the Dy. CEO on 15/04/2025; respondent no. 4 directed to supply all material documents, permit reply and hearing, and take a fresh decision; petition stands disposed of. (Neutral cit. 2025:BHC-NAG:3451; single judge: Smt. M.S. Jawalkar, J.; decided 01/04/2025.)

2025:BHC-NAG:3451

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

WRIT PETITION NO. 2137 OF 2024

Sau. Sangeeta Shamlal Jawarkar, Aged about 46 yrs., Occ. Nil, R/o. Kalpi Tq. Dharni Dist. Amravati

…. PETITIONER

….VERSUS….

1] The State of Maharashtra Through Secretary, Mantralaya, Mumbai, 32-Mumbai

2] Divisional Commissioner at Amravati.

3] Child Development Project Officer, Dharni, Tq. & Dist. Amravati.

4] Chief Executive Officer, Zilla Parishad, Amravati.

5] Grampanchayat Tingarya Tq. Dharni Dist. Amravati

.… RESPONDENTS

Shri S.S.Patil, Advocate for petitioner. Shri H.D.Futane, AGP for respondent nos. 1 and 2/State. Shri M.G.Rathi, Advocate for respondent no. 4.

CORAM : SMT. M.S. JAWALKAR, J.

DATE : 01/04/2025

ORAL JUDGMENT

Heard learned counsel for the petitioner and

learned counsel for the respondents.

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2] The petitioner is working as an Anganwadi Sevika with respondent no. 4 from 01/06/1999. It is her submission that, her service record is clean and unblemished. Due to some personal reason, some political persons pressurized the petitioner to leave the service. It is the contention of the petitioner that, her service came to be terminated without granting any opportunity and without issuing any notice to the petitioner and without conducting any inquiry.

3] Heard Learned AGP. On perusal of order dated 25/09/2018 passed by the Dy. Chief Executive Officer, Zilla Parishad, Amravati, it appears that, there was no notice duly served to the petitioner to inform her about the allegations made against her or about any enquiry. Some statement is recorded by the Child Development Project Officer, Dharni, Tq. And Dist. Amravati. The said statement is placed on record along with reply. It is at page 123 and it is recorded on 10/08/2017. After going through the statement, it does not reflect that, there was any opportunity granted to the petitioner and statement of allegations or any document

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supplied to the petitioner.

4] The learned counsel for the Zilla Parishad mainly harping on the statement stated that, the petitioner made a request to transferred to Chethar. However, if overall statement is considered, the petitioner has specifically mentioned that, she is working since 1999 and there was no complaint till that date. Even if, there is no such policy of transfer, the authority may have rejected the request of transfer. However, that does not mean that, they should not follow any principles of natural justice and terminate the services abruptly. There is nothing on record to show that, any effort has been made to serve the petitioner at her residence.

5] In the absence of this, the learned Appellate Authority ought to have considered this fact and ought to have allowed the appeal. Only on the basis of some information, without granting any opportunity to the petitioner about the said allegations, it is clearly violation of principles of natural justice. As such, the present Writ Petition

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needs to be allowed .

6] The order dated 25/09/2018 passed by the Dy. Chief Executive Officer, Zilla Parishad, Amravati and order dated 12/02/2024 passed by the Divisional Commissioner, Amravati in Appeal No. 1/ Anganwadi Helper/Amravati/2023 are hereby quashed and set aside.

7] The petitioner to appear before the Dy. Chief Executive Officer, Zilla Parishad, Amravati on 15/04/2025 at 11.00 a.m.

8] The respondent no. 4 - Chief Executive Officer, Zilla Parishad, Amravati to grant fair opportunity to the petitioner by supplying all material documents to the petitioner and to give an opportunity to reply the same.

9] The respondent no. 4 is further directed to take a decision after reply is submitted and due opportunity of hearing is granted to the petitioner.

Accordingly, the petition stands disposed of .

(Smt. M.S.Jawalkar, J.)

B.T.Khapekar

Signed by: Mr. B.T. Khapekar Designation: PA To Honourable Judge Date: 04/04/2025 10:21:07