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2022 Supreme(AP) 1101

ANDHRA PRADESH HIGH COURT AT AMARAVATI
K. Manmadha Rao, J.
V. Annapurna – Appellant
Versus
State of Andhra Pradesh & Ors. – Respondents
Writ Petition No. 12032 of 2021
Decided On : 22-07-2022

Advocates appeared:
G. Simhadri, Advocate, for the Appellant; A.K. Kishore Reddy, Advocate and GP, for the Respondents

The respondents failed to consider the petitioner's explanation in proper perspective and failed to follow the court's order in the earlier writ petition.

Headnote:

ANGWADI WORKER - TERMINATION OF SERVICES - ANDHRA PRADESH INTEGRATED CHILD DEVELOPMENT SERVICES RULES, 1979 - RULE 17 - TERMINATION OF SERVICES - COURT HELD THAT THE TERMINATION ORDER IS ILLEGAL AND ARBITRARY AS THE EXPLANATION SUBMITTED BY THE PETITIONER WAS NOT CONSIDERED IN PROPER PERSPECTIVE AND THE RESPONDENTS FAILED TO FOLLOW THE COURT'S ORDER IN AN EARLIER WRIT PETITION.

Fact of the Case:

The petitioner, an Anganwadi worker, was terminated from service by the respondents on the ground of irregularities and misconduct. The petitioner challenged the termination order in a writ petition, which was allowed by the court. The respondents issued a fresh termination order after considering the petitioner's explanation, which was again challenged by the petitioner in the present writ petition.

Finding of the Court:

The court held that the termination order was illegal and arbitrary as the respondents failed to consider the petitioner's explanation in proper perspective and failed to follow the court's order in the earlier writ petition.

Issues: Whether the termination order was illegal and arbitrary.

Ratio Decidendi: The court held that the termination order was illegal and arbitrary as the respondents failed to consider the petitioner's explanation in proper perspective and failed to follow the court's order in the earlier writ petition.

Final Decision: The court set aside the termination order and directed the respondents to conduct a proper enquiry and take appropriate action, if any, against the petitioner in accordance with law.

JUDGMENT

Dr. K. Manmadha Rao, J. - This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

    '.....to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned proceedings No. 2/B.2020, dated 30.04.2021 of the 5th respondent as illegal, arbitrary and violative of Article 14 and 16 of the Constitution of India and also contrary to the Order in W.P. No. 23561 of 2020, dated 17.02.2021 and consequently set aside the impugned order by directing to reinstate the petitioner and pass such other orders.'

    2. Heard Mr. G. Simhadri, learned counsel for the petitioner and learned Government Pleader for Women Development and Child Welfare for the respondents 1 to 5 and Mr. A.K. Kishore Reddy, learned counsel for the 6th respondent.

    3. The precise case of the petitioner is that she was applied for the post of Anganwadi Worker and appointed vide proceedings dated 07.11.1991 for the Surampalem Village. Subsequently she was transferred to Katravulapalli, ICDS Project, Rangampeta vide order dated 15.07.1995, again she was transferred to Ramesampeta, Anganwadi Centre, Kotapadu Village, Rangampeta Mandal, East Godavari District in the year 1999. The name of the petitioner was changed by Gazette publication on 06.02.2003 as Vajrapu Polamma as Vajrapu Annapuran. Therefore the name of the petitioner was changed from the date of her appointment as Anganwadi Worker. The father of the petitioner made complaint against local leader/6th respondent in F.I.R. No. 43 of 2019, dated 04.03.2019, which is pending. Therefore at the instance of 6th respondent, the official respondents issued Memos and notices to the petitioner on false and flimsy grounds, for which the petitioner has submitted detailed explanation. Subsequently the 5th respondent issued proceedings dated 23.11.2020 terminating the petitioner from services as Anganwadi Worker. Therefore she filed W.P. No. 23561 of 2020 and this Court set aside the impugned proceedings dated 23.11.2020 and permitting the respondents to consider the explanation of the petitioner in proper perspective and pass appropriate orders within four weeks. Pursuant to the order of this Court, the 5th respondent issued notice dated 25.03.2021 along with show-cause notice dated 28.12.2018, for which the petitioner has submitted detailed explanation dated 03.04.2021 to the 5th respondent. The respondents without considering the explanation of the petitioner again issued same as earlier order to the petitioner, which is illegal and arbitrary. Hence the inaction of the respondents is questioned in this writ petition.

    4. Per contra, 5th respondent filed counter denying all material averments made in the writ affidavit and mainly contended that there is allegation with regard to food misuse against the petitioner by the villagers of Surampalem Village. Therefore she was transferred to China Doddigunta Village in November, 1994. But the Sarpanch and villagers of China Doddigunta did not allow the petitioner to join in their village by knowing the irregularities committed by the petitioner in her previous station. Hence the petitioner again transferred to the Surampalem Village from China Diddigunta Village vide letter dated 15.07.1995 and the villagers are also not allowed to join in their village. Later she was transferred to Ramesampeta Anganwadi Centre, Kotapadu Village. As per records, the petitioner is not at all sincere in her duty in entire service. Therefore several memos were issued by the respondents and called for explanation. The petitioner refused the Memos, which was endorsed on the postal covers and did not submit her explanation, which shows the callous attitude of the petitioner in rejecting the official communications made from the respondents by Registered Post, she was terminated from service as per orders of the District Level Selection Committee vide proceedings dated 23.11.2020 of the CDPO, ICDS, Rangampeta. Aggrie

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