Case Note & Summary
The petitioner, Smt. Surekha w/o Anandrao Kalshetti, was appointed as an Anganwadi Sevika in Anganwadi No.173 at village Nandgaon, Taluka Tuljapur, District Osmanabad on 23.06.1993. She claimed to have rendered satisfactory services with an unblemished record. On 23.07.1999, the Deputy Chief Executive Officer, Zilla Parishad, Osmanabad issued a show cause notice alleging that an enquiry revealed the petitioner's mother was caught red-handed while carrying 120 kg of green-peas for sale, and that 57 kg of green-peas and 11 kg of rice were found in the Anganwadi above the stock. The petitioner responded denying the allegations, stating her mother ran a small grocery business and that the Police Patil and Sarpanch had made false allegations due to enmity. However, without any further enquiry, the Chief Executive Officer passed an order on 25.09.2012 dismissing the petitioner from service. The petitioner appealed to the Divisional Commissioner, Aurangabad, who dismissed the appeal on 30.04.2019. Aggrieved, the petitioner filed the present writ petition. The court observed that the show cause notice was issued in 1999, but the dismissal order was passed in 2012, and there was no evidence of any enquiry conducted in the interregnum. The court noted that the petitioner had specifically denied the allegations and requested an opportunity to cross-examine witnesses, but no such opportunity was given. The court held that the dismissal order was passed in gross violation of principles of natural justice as no show cause notice was served and no enquiry was conducted. The court quashed and set aside the orders of the Chief Executive Officer and the Divisional Commissioner, directed reinstatement of the petitioner with continuity of service, but denied back wages as the petitioner had not worked during the period.
Headnote
A) Service Law - Dismissal - Natural Justice - Show Cause Notice - Enquiry - The petitioner was dismissed from the post of Anganwadi Sevika without any show cause notice being served and without any enquiry being conducted, in violation of principles of natural justice. The court held that the dismissal order passed by the Chief Executive Officer and confirmed by the Divisional Commissioner cannot be sustained and are quashed and set aside. (Paras 1-10) B) Service Law - Reinstatement - Continuity of Service - Back Wages - The court directed reinstatement of the petitioner with continuity of service but without back wages, as the petitioner had not worked during the intervening period. (Para 10)
Issue of Consideration
Whether the dismissal of the petitioner from the post of Anganwadi Sevika without conducting a proper enquiry and without serving a show cause notice is sustainable in law.
Final Decision
The court allowed the writ petition, quashed and set aside the order of dismissal dated 25.09.2012 passed by the Chief Executive Officer, Zilla Parishad, Osmanabad and the order dated 30.04.2019 passed by the Divisional Commissioner, Aurangabad. The court directed the respondents to reinstate the petitioner as Anganwadi Sevika with continuity of service but without back wages.
Law Points
- Natural Justice
- Audi Alteram Partem
- Show Cause Notice
- Enquiry Before Dismissal
- Anganwadi Sevika
- Maharashtra Zilla Parishad Act
