The main legal point established in the judgment is that the termination of the petitioners as members of the Child Welfare Committee was justified due to their breach of mandatory provisions of the JJ Act, 2015 and JJ Rules, 2018.

JUDGMENT

S.G.DIGE, J. - Rule. Rule made returnable forthwith. With consent of the parties taken up for final hearing at admission stage.

2. By this petition, the petitioners are praying to quash and set aside the termination order of Chairperson and members of Child Welfare Committee, Jalna issued by notification dtd. 9/3/2021 of Women and Child Development Department, Government of Maharashtra. It is also prayed to direct the respondents to accept the resignations of petitioner nos.1 to 4 as Chairperson and Members of Child Welfare Committee, Jalna. The petitioners are also seeking additional reliefs.

3. Brief facts of the case are as under :-

a) Petitioner no.1 was appointed as Chairperson of Child Welfare Committee (for short, "CWC"), Jalna from 6/4/2018, and Petitioner nos.2 to 4 were appointed as members of CWC, Jalna from 6/4/2018, for a period of three years from the date of their appointments. Petitioner no.5 was appointed as member of CWC from 8/3/2019, for a period of three years from the date of appointment.

b) Respondent no.1 is the Secretary, Women and Child Development Department, Government of Maharashtra and is responsible for the development of women and child in the State of Maharashtra. Respondent no.2 is the Commissioner of Women and Child Development Department, State of Maharashtra. Respondent no.3 is the Divisional Deputy Commissioner, Women and Child Development Department, Aurangabad Division, Aurangabad. Respondent No.4 is the District Collector, who is Grievance Redressal Authority of the Child Welfare Committee. Respondent no.5 is the District Woman and Child Development Officer, Jalna.

4. On 9/1/2020, a surprise visit was conducted by President District Legal Services Authority/Principal District Judge, Jalna to Late Rajkunvar Rameshchandra Bang Shishuvihar Gruh, run by Maharashtra Marwadi Charitable Trust (for short, "Charitable trust"). The said Shishuvihar gruh and observation home meant for mentally retarded children situated at Jalna. The Principal District Judge found several irregularities. The condition of child home was pathetic, unhygienic and unhealthy. Records of purchases were not maintained. The learned Principal District Judge sent a report to the Guardian Judge of Jalna district, High Court, Aurangabad. This Court has taken cognizance of said report, which resulted into a Suo-moto Public Interest Litigation no.2 of 2020.

5. The Divisional Deputy Commissioner, Women and Child Development, Aurangabad (Respondent No.3), conducted enquiry of child home. On 8/12/2020, the F.I.R. came to be registered against the President, Secretary and trustees of the Child Home and also against the petitioners. On 11/12/2020, petitioner no.1 lodged F.I.R. against the officers of respondents at Kadim Police Station, Jalna. The petitioners gave resignations of the post of Chairperson and members of CWC, alleging that without giving any notice, without taking say of Child Welfare Committee, a false and concocted FIR is lodged against Chairperson and members of CWC. The Committee felt this action as insult and injustice of quasi-judicial authority. Fed up by the behaviour and apathy of Women and Child Development Department, petitioner no.3 gave their resignation on 15/12/2020 and petitioner nos.1, 2, 4 and 5 on 6/2/2021 gave resignations. However, no action was taken on the resignations of the petitioners. By Government Notification dtd. 9/3/2021, the termination order of the petitioners is issued. The said notification is under challenge in this petition.

6. It is contention of the learned counsel for the petitioners that the petitioners are responsible persons in the society. The termination order specifically cites holding of enquiry. In fact, no enquiry is conducted, no show-cause notice is issued, no witnesses are examined, no opportunity to cross examine witnesses is given and no say of the petitioners is taken to explain the alleged misuse of powers. There is violation of the principles of natural j