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IN THE HIGH COURT OF ORISSA AT CUTTACK
ANANDA CHANDRA BEHERA
Anita Behera – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
ANANDA CHANDRA BEHERA, J.
1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned Order dated 12.09.2023 (Annexure-5) passed by the Sub-Collector, Gunpur (Opp. Party No.2) disengaging the petitioner from Anganwadi worker of Bhairabgada Anganwadi Centre, as per the allegation of the villagers on the ground of submission of forgery certificates by her (petitioner) during her selection as Anganwadi worker of Bhairabgada Anganwadi Centre.
2. I have already heard from the learned counsel for the petitioner and the learned Addl. Standing Counsel for the State.
During hearing, the learned counsels of both the sides fairly submitted that, for passing the impugned order by the Sub-Collector, Gunpur (Opp. Party No.2) relating to the disengagement of the petitioner from Anganwadi worker of Bhairabgada Anganwadi Centre, no opportunity of hearing was given to her (petitioner).
3. It appears from the impugned order vide Annexure-5 that, in fact, no notice was issued to the petitioner as well as no opportunity of hearing was given to the petitioner to have her say before the Sub-Collector, Gunpur
Orders made without giving an individual a proper hearing violate natural justice and are deemed nullities, warranting quashing.
A party must be given adequate opportunity to present their case in administrative proceedings; failure to do so violates principles of natural justice and invalidates subsequent orders.
Orders passed without following principles of natural justice are rendered null and void, requiring fresh proceedings.
The principles of natural justice do not always mandate a hearing when termination is justified by unsatisfactory performance and complaints against an employee.
The court established that adherence to principles of natural justice, including notice and opportunity for hearing, is essential in administrative actions affecting public service positions.
Disengagement of an individual without due process violates the right to fair hearing under natural justice principles, necessitating quash of the order.
Writ of certiorari does not permit re-evaluation of evidence but ensures adherence to natural justice; findings of fact can only be overturned if shown to lack basis.
The importance of an Anganwadi Worker's role in facilitating activities for pre-school children and pregnant women, and the impact of unauthorized absence on achieving the objectives of the center.
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