Quashed

Mamata Behera v. State of Odisha

Orissa HC1 Sept 2015WP(C)/15752/2015

Case brief

AI extract

What is this about?

Writ petitioner challenged disengagement as Anganwadi Helper. Single-judge court quashed the non-speaking order dated 17.08.2015 for violating natural justice by depriving the petitioner of a hearing opportunity without stating reasons, directing the authority to proceed afresh within three weeks.

What did the court decide?

Impugned order dated 17.08.2015 quashed. Liberty reserved for authority to proceed afresh after hearing within three weeks.

Mamata Behera Vs State of Odisha — Service and Employment | Orissa HC (2015)

¶1

W.P.(C) No.15752 of 2015

¶2

 Heard.1.9.2015

¶3

 The petitioner has challenged the order dated 17.08.2015 as contained in Annexure-3 vi
de letter No.416 however, it is in Odia language but translated by the learned counsel for the
 petitioner in presence of the learned counsel for the State.

¶4

 The content of the order is that since Mahila Sabha who took decision of engagement of
 the petitioner as Anganwadi Helper has been cancelled and as such the petitioner has been dis
engaged.

¶5

 The petitioner has challenged the order of disengagement on the ground that before iss
uance of the order of disengagement notice ought to have been given to the petitioner, to that
 effect specific statement has been made at paragraph-9 to the writ petition.

¶6

 Learned counsel for the State has submitted that since basis upon which the petitioner
 was selected i.e., the decision of the Mahila Sabha has been cancelled in consequence the pet
itioner has been disengaged.

¶7

 Heard the parties and perused the documents on record.

¶8

 From the content of the order dated 17.08.2015 it transpires that the decision for can
cellation of the decision of Mahila Sabha has been passed based upon the decision of the Sub-C
ollector accordingly the petitioner has been disengaged but why disengaged not stated.

¶9

 It is settled that order without any reason cannot be said to be an order in accordanc
e with law. Non-speaking order also amounts to violation of principle of natural justice.

¶10

 So far as ground taken by the petitioner that no show cause notice has been issued to
her before passing order of disengagement which has also been corroborated from the order date
d 17.08.2015 (Annexure-3) wherein no reference of show cause notice or consideration of any re
ply has been stated which suggests that the averments made by the petitioner regarding not ava
iling any opportunity of being heard has got substance.

¶11

 Since the petitioner has been engaged as Anganwadi Helper in view of an advertisement
having been selected as per the guideline hence accrued with civil right and before snatching
the said right it was the duty of the authority at least to issue show cause notice to the pet
itioner which is requirement of principle of natural justice.

¶12

 Moreover, in absence of any reason in the order impugned the same cannot be said to be
 justified.

¶13

 In view thereof, the order as contained in Annexure-3 dated 17.08.2015 is not sustaina
ble and as such is quashed reserving liberty to the competent authority to proceed afresh afte
r providing an opportunity of being heard to the petitioner and take decision in accordance wi
th law within three weeks from the date of presentation of copy of this order.

¶14

 The engagement of the petitioner will depend upon the outcome of the decision.
 Accordingly, the writ petition and misc. case are disposed of.

¶15

S. N. Prasad, J.

¶16

¶17

Mamata Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Mamata Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Parbati Behera Vs State of Odisha

Sahadev Majhi Vs State of Odisha

Sabita Patra Vs State of Odisha

Mayadhar Nial Vs State of Odisha

Janaki Pradhan Vs State of Odisha

Milli Patel Vs State of Odisha