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2010 Supreme(Jhk) 923

IN THE HIGH COURT OF JHARKHAND
Dhirubhai Naranbhai Patel, J.
Devmania Devi - Appellant
Vs.
The State of Jharkhand And Others - Respondents
Writ Petition (S) No. 236 of 2008
Decided On : 13-01-2010

Advocates Appeared:
For the Appellant : Rajesh Kumar

Headnote:

Termination - Anganbari Sahayika - Not provided

Fact of the Case:

The petitioner, an Anganbari Sahayika, had her services terminated without a show cause notice or an opportunity to be heard. Allegations of irregularities were made against her, but no evidence was presented, and no independent decision was made by the terminating officer.

Finding of the Court:

The court quashed and set aside the termination orders, citing lack of opportunity to be heard, absence of evidence, and violation of principles of natural justice.

Issues: Termination without opportunity to be heard, lack of evidence for allegations, violation of principles of natural justice

Ratio Decidendi: Opportunity to be heard, evidence for allegations, independent decision-making, principles of natural justice

Final Decision: The termination orders were quashed and set aside, and the writ petition was allowed with a cost of Rs. 5,000 to be paid by the respondent-State to the petitioner.

ORDER :

D.N. Patel, J.

The present petition has been preferred mainly against the order of termination dated 24th May, 2007, whereby, the services of the petitioner, who was working as Anganbari Sahayika, Ararua within the district of Palamau, have been brought to an end, without giving any show cause notice and without giving any opportunity of being heard to the petitioner.

2. It is submitted by the learned Counsel for the petitioner that the petitioner was selected and appointed in accordance with law as Anganbari Sahayika of Village- Ararua within the district of Palamau in the year, 1992 and thereafter, the petitioner was serving honestly, diligently, sincerely and to the satisfaction of the respondents and abruptly, on 24th May, 2007, the services of the petitioner have been brought to an end vide order at Annexure 3 to the memo of petition and that too, without giving any show cause notice and without giving any opportunity of being heard to the petitioner. It is submitted by the learned Counsel for the petitioner that never any opportunity of being heard was given to the petitioner, prior to termination of the services of the present petitioner.

3. I have heard learned Counsel for the respondents, who has submitted that the petitioner's services have been terminated vide order dated 24th May, 2007 at Annexure 3 to the memo of petition by the Child Development Project Officer, Hariharganj, District- Palamau and it has been stated that there are certain allegations of irregularities against the petitioner and similarly situated other Anganbari Sahayika and, therefore, their services have been terminated. It is further submitted by the learned Counsel for the respondents that looking to the impugned order at Annexure 3 to the memo of petition, it appears that against the present petitioner there were allegations of several irregularities and keeping in mind these irregularities, the services of the present petitioner have been brought to an end and, therefore, this writ petition deserves to be dismissed.

4. Having heard learned Counsel for both the sides and looking to the facts and circumstances of the case, I hereby quash and set aside the impugned order, passed by the Child Development Project Officer, Hariharganj, District- Palamau dated 24th May, 2007, at Annexure 3 to the memo of petition, for the following facts and reasons:

(i) It appears that the present petitioner was working as Anganbari Sahayika from 1992 onwards and she was serving with the respondents to their satisfaction and she was also getting salary from the respondents from 1992 onwards;

(ii) It appears that the Child Development Project Officer, Hariharganj, Palamau, has passed an order on 24th May, 2007 that there are several allegations against the present petitioner about the irregularities and, therefore, the services of the petitioner and other similarly situated Anganbari Sahayika/ Sevika have been brought to an end. Looking to this impugned order, it appears that even no opportunity of being heard was given to the petitioner, prior to termination of her services;

(iii) It also appears, looking to the impugned order at Annexure 3 to the memo of petition, that what are the irregularities against the petitioner and how many of them have been proved, have not been referred in the impugned order, at all;

(iv) It also appears, looking to the impugned order, that no independent decision has been arrived at by the Child Development Project Officer, Hariharganj, District- Palamau, while terminating the services of the present petitioner. On the contrary, he has relied upon some another officer's letter, which is referred in the impugned order. It has been referred in the said letter that some Director, Social Welfare, Jharkhand, Ranchi, has written some letter dated 11th April, 2007 and on the basis of that letter, there were certain allegations about the irregularities and, therefore, the services of the petitioner have been terminated. Nobody knows what is tha

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