Case Note & Summary
The petitioners, Jainobee w/o Babu Sayyad and Shanta w/o Dagdu Sonvane, were working as Anganwadi worker and Anganwadi helper respectively at Anganwadi Center No.517, village Takali (Dhoki), under project Ter, District Dharashiv. They had put in 32 years of unblemished service. During a statewide strike of Anganwadi workers from 04.12.2023 to 25.01.2024, some home-delivered nutritional food at the center became contaminated with insects and cobwebs. The petitioners took the food for cleaning at some distance. Some villagers complained to respondent No.5 alleging theft of the food. Respondent No.5 issued a show cause notice on 31.01.2024 calling for explanation within three days, warning that if explanation was unsatisfactory, action would be taken under Government Resolution dated 12.04.2007. The petitioners submitted their explanation. However, respondent No.5 passed an order on 13.02.2024 terminating their services. The petitioners appealed to respondent No.2, who dismissed the appeal on 04.03.2025. The petitioners challenged both orders in the High Court. The court observed that the termination was without holding any inquiry and without giving proper opportunity of hearing, in violation of the Government Resolution. The court set aside the impugned orders and directed that the petitioners be reinstated within two weeks, with liberty to the respondents to conduct a fresh inquiry in accordance with law. The court also directed that the petitioners be paid 50% of back wages from the date of termination till reinstatement.
Headnote
A) Service Law - Termination of Anganwadi Workers - Natural Justice - Government Resolution dated 12.04.2007 - Petitioners were terminated for alleged theft of nutritional food without proper inquiry - Court held that termination without following the procedure under the Government Resolution and without giving opportunity of hearing is unsustainable - Order set aside with liberty to conduct fresh inquiry (Paras 1-10).
Issue of Consideration
Whether the termination of services of Anganwadi workers without holding a proper inquiry and without giving adequate opportunity of hearing is sustainable in law.
Final Decision
The court allowed the writ petition, set aside the order dated 13.02.2024 passed by respondent No.5 and the order dated 04.03.2025 passed by respondent No.2. The respondents were directed to reinstate the petitioners within two weeks from the date of the order. The respondents were at liberty to conduct a fresh inquiry in accordance with law. The petitioners were directed to be paid 50% of back wages from the date of termination till reinstatement.
Law Points
- Natural Justice
- Termination without inquiry
- Government Resolution dated 12.04.2007
- Show cause notice
- Opportunity of hearing
Case Details
2025 LawText (BOM) (11) 324
Writ Petition No.5755 of 2025
Mr. Manoj T. Shelke for Petitioners, Ms. Chaitali Chaudhari - Kutti for Respondent No.1, Mr. N.J. Patil for Respondents No.2 and 5
Jainobee w/o Babu Sayyad and Shanta w/o Dagdu Sonvane
The State of Maharashtra through its Secretary, Women and Child Development Department, The Chief Executive Officer, Zilla Parishad, Dharashiv, The Deputy Chief Executive Officer (Child Development), Zilla Parishad, Dharashiv, The District Program Officer (Women and Child Development), Zilla Parishad, Dharashiv, The Child Development Project Officer, Integrated Child Development Services Scheme, Project Ter
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Nature of Litigation
Writ petition challenging termination of services of Anganwadi workers and dismissal of appeal.
Remedy Sought
Petitioners sought quashing of termination order dated 13.02.2024 and appellate order dated 04.03.2025, and reinstatement with back wages.
Filing Reason
Petitioners were terminated from service without proper inquiry and opportunity of hearing, allegedly for theft of contaminated nutritional food.
Previous Decisions
Respondent No.5 terminated services on 13.02.2024; appeal to respondent No.2 dismissed on 04.03.2025.
Issues
Whether the termination of services of the petitioners without holding a proper inquiry and without giving adequate opportunity of hearing is sustainable in law.
Whether the impugned orders are in violation of the Government Resolution dated 12.04.2007.
Submissions/Arguments
Petitioners argued that they had 32 years of unblemished service and the alleged theft was actually cleaning of contaminated food; termination was without inquiry and opportunity of hearing.
Respondents argued that the petitioners committed theft of nutritional food and the termination was justified.
Ratio Decidendi
Termination of services without holding any inquiry and without giving proper opportunity of hearing is in violation of principles of natural justice and the Government Resolution dated 12.04.2007. Such termination is unsustainable and liable to be set aside.
Judgment Excerpts
The petitioners have challenged the order dated 13.02.2024 passed by the respondent No.5 - the Child Development Project Officer, Taluka and District Dharashiv, by which the services of the petitioners have been brought to an end as well as the order dated 04.03.2025, passed by the respondent No.2 - The Chief Executive Officer, Zilla Parishad, Dharashiv, by which the appeal filed by the petitioners challenging order dated 13.02.2024 has been dismissed.
It is contention of the petitioners that the petitioner No.1 was working as Anganwadi worker, whereas, the petitioner No.2 was working as Anganwadi helper, in Anganwadi Center No.517 situated at village Takali (Dhoki) under the project Ter, District Dharashiv.
The petitioners contend that the petitioners have put in 32 years of service on their respective posts and their services were unblemished and without any complaint whatsoever.
Procedural History
The petitioners were served with a show cause notice on 31.01.2024. They submitted their explanation. Respondent No.5 passed termination order on 13.02.2024. The petitioners appealed to respondent No.2, who dismissed the appeal on 04.03.2025. The petitioners then filed the present writ petition on 25.11.2025, which was heard and allowed.
Acts & Sections
- Government Resolution dated 12.04.2007:
