Yobati Nial vs State of Orissa and Others

L. Mohapatra, J.—Heard Shri S.K. Das. learned counsel for the petitioner and the learned Additional Government Advocate.

The petitioner in this writ application has challenged the order dated 20.5.98 under Annexure-4 disengaging the petitioner as Anganwadi worker. Case of the petitioner is that she was appointed as Anganwadi worker by the opposite party No. 4 on 30.4.83 and continued as such till the impugned order of disengagement was passed. Only point raised by the learned counsel for the petitioner is that before the impugned order was passed the petitioner was not given any notice and she had not been provided with reasonable opportunity of meeting any allegations on the basis of which the impugned order was passed. Learned Additional Govt. Advocate referring the counter also submitted that no notice had been issued to the petitioner to show-cause before the impugned order under Annexure-4 was passed.

Learned counsel for the petitioner relying upon an order of this Court in OJC No. 1954/86 disposed of on 16.12.1991 submits that under similar circumstances this Court had quashed the order of disengagement. In the decision referred to by the petitioner, the applicant was appointed as an Anganwadi worker in the year 1979 and her services were terminated in April 1985 without affording any opportunity of hearing to her. This Court under the circumstances held that the order of termination is violative of principle of natural justice. Here is a case, admittedly, before the impugned order was passed the petitioner was not afforded any opportunity of defending herself and principles of natural justice were not followed.

I have, therefore, no hesitation to quash Annexure-4 and direct reinstatement of the petitioner in service as Anganwadi worker.

Since the order of disengagement under Annexure-4 was passed illegally without affording any opportunity of hearing to the petitioner, I direct the opposite parties to pay a sum of Rs. 5, 000/- to the petitioner for the period she remained out of service.

The writ application is allowed.

Requisites for communication of this order be filed by 30.1.2001.

Urgent certified copy of the order be granted on proper application.