Honorary or voluntary service positions do not constitute a civil post, and therefore, they are not entitled to constitutional procedural safeguards during termination. Consequently, no formal disciplinary inquiry is mandated when such an engagement is terminated due to willful unauthorized absence.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. A K Purkayastha, learned counsel for the petitioner and Mr. J K Goswami, learned Additional Senior Government Advocate, appearing for the respondents.

2. The challenge in the present writ petition is to an order dated 30.04.2013, issued by the Child Development Project Officer, Bajali, removing the petitioner from her honorary services as Anganwadi Worker of 201 No. Batua (Palhajipara) Anganwadi Center.

3. The petitioner, herein, in terms of her selection, was vide communication dated 27.09.2007, offered engagement on honorary basis as an Anganwadi Worker against 201 No. Batua (Palhajipara) Anganwadi Center. The petitioner accepted the said offer made to her and joined her services. While the petitioner was continuing in her services, she was injured in an assault made on her by her husband, Ramil Ali on 25.07.2012. The petitioner, accordingly, lodged an FIR before Sarupeta Police Station, against her husband and other accused persons, basing on the said incident occasioning on 25.07.2012.

It is projected that on account of the injuries sustained by her in the said assault, she was not in a position to attend her duties. It is also projected that the petitioner had submitted due applications before the authorities for grant of necessary leave.

While the petitioner was on leave, on 19.09.2012, her husband Ramil Ali, was killed by some unknown miscreants and accordingly, Barpeta P.S. Case No. 1829/2012, came to be registered under Sections 302/34 IPC and the petitioner was made an accused in the said case.

The petitioner was arrested on 05.11.2012 in connection with Barpeta P.S. Case No. 1829/2012. Subsequently, the petitioner was enlarged on bail, vide an order dated 05.12.2012, passed by the Court of the learned Sub-Divisional Judicial Magistrate, Bajali.

It is projected that the petitioner, after being enlarged on bail, had on 18.12.2012, reported for her duties, however, she was not permitted to resume her duties by the respondent authorities on the plea that the petitioner was found to be involved in a criminal case.

It is in the above background that the petitioner was held by the respondent authorities to be unauthorizedly absent from her duties and accordingly, vide order dated 30.04.2013, the petitioner was removed from her engagement as an Anganwadi Worker in 201 No. Batua (Palhajipara) Anganwadi Center.

The said order is projected by the petitioner to have been received by her on 27.07.2013. The petitioner projects to have submitted representations for permitting her to resume her services, which was not considered. Thereafter, the criminal proceeding instituted against the petitioner, having resulted in her acquittal, the petitioner projects that she had again approached the respondent authorities for permitting her to resume her duties, however, the said prayer not being considered, the petitioner has instituted the present writ petition.

4. Mr. Purkayastha, learned counsel for the petitioner, by reiterating the facts, noticed hereinabove, has submitted that the petitioner for reasons beyond her control, was required to remain out of services on account of the injuries sustained by her, on being assaulted by her husband on 25.07.2012. He submits that after the murder of her husband, the petitioner had approached the respondent authorities by way of an application dated 26.09.2012, praying for extension of her earlier leave for further 1 (one) mo