Case Note & Summary
The petitioner, Jyoti w/o Ravindra Sable, was appointed as Anganwadi Sevika at Padoshi village under the Integrated Child Development Services (ICDS) Scheme. The appointment was based on her being the topper in the merit list and she fulfilled the crucial condition of residence by producing requisite documents. Respondent No.4, Smt. Jyotsna Ankush Sabale, filed a complaint alleging that the petitioner was residing at Padoshi on rental basis only after the issuance of the advertisement and that her son was studying in an Anganwadi in an adjoining village. On the basis of this complaint, the petitioner was removed from the post without any inquiry or opportunity of hearing. The petitioner challenged her removal by filing a writ petition before the Bombay High Court at Aurangabad. The court examined the facts and found that the petitioner had satisfied the residence condition at the time of appointment and that the removal was based solely on an unsubstantiated complaint. The court held that the removal was arbitrary and violative of principles of natural justice. The court quashed the order of removal and directed the respondents to reinstate the petitioner to the post of Anganwadi Sevika with continuity of service and all consequential benefits. The court also imposed costs of Rs. 25,000 on respondent no.4 for filing a frivolous complaint.
Headnote
A) Service Law - Anganwadi Appointment - Residence Condition - Removal Without Inquiry - The petitioner was appointed as Anganwadi Sevika after being the topper in merit and producing documents to satisfy the residence condition. Respondent No.4 complained that the petitioner was residing on rental basis only after the advertisement and that her son studied in an adjoining village. Based on this complaint, the petitioner was removed without any proper inquiry. The High Court held that the removal was unsustainable as the residence condition was duly fulfilled and no inquiry was conducted to verify the allegations. (Paras 3-5) B) Natural Justice - Right to be Heard - Termination Without Opportunity - The petitioner was removed from the post without being afforded any opportunity of hearing or any show-cause notice. The court held that such removal violates principles of natural justice and cannot be sustained. (Para 5) C) ICDS Scheme - Government Resolution dated 09.02.2005 - Implementation - The Integrated Child Development Services Scheme is a benevolent scheme of the Central Government implemented through Zilla Parishads. The court noted that the scheme aims to promote education and child development in rural areas and that appointments are made on honorarium basis. (Para 4.1-4.2)
Issue of Consideration
Whether the removal of the petitioner from the post of Anganwadi Sevika on the ground of non-fulfillment of the residence condition, based on a complaint without proper inquiry, is sustainable in law.
Final Decision
The court allowed the writ petition, quashed the order of removal, and directed the respondents to reinstate the petitioner to the post of Anganwadi Sevika with continuity of service and all consequential benefits. The court also imposed costs of Rs. 25,000 on respondent no.4 for filing a frivolous complaint.
Law Points
- Place of residence as essential condition for Anganwadi appointment
- Removal without proper inquiry invalid
- Natural justice principles
- ICDS Scheme implementation
