ORDER :

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

…..to issue an order or direction more particularly one in the nature of writ of mandamus declaring proceedings passed by the 3rd respondent vide Proceedings No.01/DE02/2021, dated 01.07.2022 as contrary to law, illegal, arbitrary, unjust and against the principles of natural justice and set aside the same and consequently direct the respondents No.2 to 4 to allow the petitioner to the duties as Anganwadi worker at ICDS Brahmanapalli Village, Rajupalem Mandal, Guntur District, and to pay all the arrears of salary and emoluments attached to the post and pass such other orders.”

2. Heard learned counsel for petitioner and learned Government Pleader for Women and Child Welfare appearing for the respondents.

3. The brief facts of the case are that the petitioner has been working as Anganwadi Worker for the past twenty years in ICDS Project, Brahmanapalli Village, Rajupalem Mandal and has been rendering her service without any remark. For the past five and half years, the petitioner has been suffering from Migraine and Asthama. Thereafter, she went on leave and extended till 2nd September, 2021. On 3rd September 2021, when she was attended to join duties, the rd respondent refused to take her into duties and asked the petitioner to submit apology letter and get Sick and Fit certificate. As per the said oral direction, she submitted the same along with certificate for the leave period. However, the 3rd respondent refused to take back her.

While the things stood thus, the 3rd respondent issued Memo No.01/DEO2/2021, dated 13.09.2021 calling explanation from the petitioner to show cause as to why disciplinary action against the petitioner cannot be taken. Thereafter, the petitioner submitted her explanation dated 17.9.2021. However, the 3rd respondent refused to take back her. Thereafter, the petitioner submitted a representation dated 05.10.2021 to the 2nd respondent. But, the 2nd respondent neither take any action nor directed the 3rd respondent to take back her into duties. Thereafter, the petitioner filed writ petitions before this Court questioning the action of the respondents No.2 to 4 in not allowing the petitioner to attend duties as Anganwadi Worker in Rajupalem ICDS Project, which are pending consideration. The 3rd respondent issued the impugned proceedings No.01/DE02/2021, daed 01.07.2022 removed the petitioner from service on the ground that as certain allegations leveled against the petitioner were proved, the 2nd respondent issued a memo No.27/A1/2022 dated 27.6.2022 and the 3rd respondent was directed to remove her from service. As such, questioning the same, the present writ petition is filed.

4. Learned counsel for the petitioner contended that this Court passed an order dated 28.10.2014 in W.P.No. 32254 of 2014, which reads as follows:

“Upon hearing the learned counsel on either side, the 2nd respondent is directed to initiate enquiry against the petitioner, complete the same and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order.”

5. Learned counsel for the petitioner contended that the respondents without conducting elaborate enquiry and decided that the petitioner is found guilty and mechanically passed the impugned proceedings against the petitioner, which is not in accordance with law and requested to remand the matter to the respondents for conducting elaborate enquiry and final report.

6. Learned Government Pleader for the respondents would contend that basing on certain allegations leveled against the petitioner were proved, the 3rd respondent issued the impugned proceedings dated 01.07.2022. He further contended that he has no objection to remand back the matter to the 3rd respondent for fresh consideration.

7. In view of a close scrutiny of the impugned proceedings shows, as rightly argued by learned counsel for petitioner, , after noting in detail the