Insubordination and non-compliance with direct orders from superiors warrant termination in public service.

JUDGMENT :

Jyotsna Rewal Dua, J.

Petitioner was serving as Anganwari Worker at Anganwari Centre, Sadhwani-I, Circle Khudla, Tehsil Baldwara, District Mandi, H.P. Respondents terminated petitioner’s service on 27.06.2024 for her repeated acts of indiscipline and insubordination. Feeling aggrieved, petitioner has preferred this writ petition.

2. Heard learned counsel for the parties and considered the case file.

3 The case

3(i). The case file reflects that Pradhan of Gram Panchayat Bhambla, Development Block Gopalpur, District Mandi alongwith number of villagers, filed a complaint/representation on 24.3.2023 to respondent No.4- the Child Development Project Officer, Gopalpur, District Mandi, requesting shifting the Anganwari Centre-Sadhwani, that was being run from the house of the petitioner to another building.

Taking note of strong objections of the villagers about running of Anganwari Centre from the house of the petitioner located outside village Sadhwani at an isolated place, respondent No.4 on 13.04.2023 directed the petitioner to shift the aforesaid Anganwari Centre to the Mahila Mandal Bhawan.

3(ii) Petitioner did not comply with the order and instead shifted the Anganwari Centre to the house of her real brother-in-law ‘Jeth’. The villagers again objected to the petitioner’s non-compliance of the office order for shifting the Anganwari Centre to Mahila Mandal Bhawan and rather shifting it to her brother-in-law’s house. Respondent No.4 on 20.04.2023 again directed the petitioner to shift Anganwari Centre to the Mahila Mandal Bhawan as Anganwari Centre could not have been run from the house(s) of Anganwari Worker/Helper or their relations.

3(iii) Petitioner did not abide by the directions. Rather she defended her action of running Anganwari Centre from the house of her brother-in-law, giving reason and justification thereof, including that she had entered into a rent agreement with her brother-in-law for running the Anganwari Centre from his house and the objection being raised by her brother-in-law of his having not yet received the promised/agreed advance rent for a period of one year.

In the meanwhile, respondent No.4 received another representation from the concerned Gram Panchayat Bhambla, Mahila Mandal Sadhwani-Tikkari and villagers of village Sadhwani for shifting the Anganwari Centre Sadhawani to Mahila Mandal Bhawan. Respondent No.4 on 15.5.2023, again ordered the petitioner to shift Anganwari Centre to Mahila Mandal Bhawan.

In the aforesaid letter, a stern warning for taking departmental action was also issued to the petitioner in case of her continued defiance to the directions. The directions were reiterated by the respondents on 20.05.2023, 19.07.2023 and 26.07.2023.

3(iv) The case file is replete with the repeated directions/office letters, notices issued to the petitioner for shifting Anganwari Centre from her house to Mahila Mandal Bhawan.

Petitioner admittedly did not comply with the directions issued to her in umpteenth office communications. Finally a show cause notice was issued to the petitioner on 01.08.2023 for not complying the departmental orders. Petitioner was again directed to shift the Anganwari Centre with a clear stipulation that failure to do so would entail removal of her service in terms of Clause 7 of the Scheme for appointment of Anganwari Workers. In the meanwhile, the Anganwari Level Monitoring & Support Committee instituted a Civil Writ Petition No.5293/2023 before this Court. The writ petition was disposed of on 10.08.2023 with directions to respondent No.2 to decide the matter within four weeks.

Pursuant to above directions, respondent No.2 on 21.10.2023, ordered for shifting the Anganwari Centre Sadhwani to Mahila Mandal Bhawan after ensuring the provisions of all basic amenities to the beneficiaries in the Mahila Mandal Bhawan. Petitioner did not obey even this order. Anganwari Centre was not shifted by her to Mahila Mandal Bhawan. In terms of following Clause-7 of the notification dated 24.0