ORISSA HIGH COURT : CUTTACK
ANANDA CHANDRA BEHERA, J.
Namita Behera – Petitioner
Versus
State of Odisha & Others - Opposite Parties
WP(C) No.2798 of 2026
Decided On : 10-03-2026
| Table of Content |
|---|
| 1. initial filing and context of the case (Para 1 , 2 , 3 , 4 , 5) |
| 2. discussion on violation of natural justice (Para 6 , 7 , 8) |
| 3. court analyses the implications of natural justice violation (Para 9 , 10 , 11) |
| 4. final decision and order of quashing (Para 12 , 13) |
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 13.11.2025 (Annexure-6 series) passed in RMA (AWW) Case No.08 of 2024 by the Addl. District Magistrate, Boudh (O.P. No.2).
2. The factual backgrounds of this writ petition, which prompted the Petitioner for filing of the same is that, the Petitioner has been working as an Anganwadi Worker of Budhipadar Anganwadi Centre under Padmanpur Grama Panchayat in the District of Boudh since 14.10.2024 on being appointed for the same through an appointment order dated 09.10.2024 issued by the C.D.P.O., Boudh (O.P. No.4).
3. The O.P. No.5 in this writ petition i.e. Malati Sahu challenged to the above appointment of the Petitioner preferring an appeal vide RMA (AWW) Case No.08 of 2024 before the Addl. District Magistrate, Boudh (O.P. No.2) against the Petitioner in this writ petition and others arraying the Petitioner as Respondent No.6 in that RMA (AWW) Case No.08 of 2024.
4. The Addl. District Magistrate, Boudh (O.P. No.2) passed final order in that RMA (AWW) Case No.08 of 2024 on dated 13.11.2025 (Annexure-6 series) allowing that RMA (AWW) Case No.08 of 2024 and quashed the entire selection process relating to the selection of the Petitioner as Anganwadi Worker of Budhipadar Anganwadi Centre under Padmanpur Grama Panchayat in pursuance to the advertisement invited by the C.D.P.O., Boudh (O.P. No.4) vide Letter No.1199 dated 14.08.2024.
5. On being aggrieved with the above impugned order dated 13.11.2025 (Annexure-6 series) passed by the O.P. No.2 in RMA (AWW) Case No.08 of 2024 against the Petitioner Namita Behera, she (Namita Behera) challenged the same filing this writ petition being the Petitioner against Malati Sahu (Appellant in RMA (AWW) Case No.08 of 2024) and others arraying her as O.P. No.5 in this writ petition and others as other O.Ps praying for quashing the impugned order dated 13.11.2025 (Annexure-6 series) passed in RMA (AWW) Case No.08 of 2024 by the Addl. District Magistrate, Boudh (O.P. No.2) on the ground that, the said impugned order dated 13.11.2025 (Annexure-6 series) has been passed by the O.P. No.2 in complete violation of the principles of natural justice without issuing any notice to her (Petitioner) and without giving any opportunity of being heard to her.
6. I have already heard from the learned counsel for the Petitioner, the learned Additional Standing Counsel for the State and the learned counsel for the O.P. No.5.
7. During the course of hearing of this writ petition, the learned counsels of both the sides fairly submitted that, in fact, the impugned order dated 13.11.2025 (Annexure-6 series) has been passed in RMA (AWW) Case No.08 of 2024 by the Addl. District Magistrate, Boudh (O.P. No.2) without complying the principles of natural justice i.e. without issuing any notice to the Petitioner and without giving any opportunity of being heard to the Petitioner, though, she (Petitioner in this writ petition) was the Respondent No.6 in RMA (AWW) Case No.08 of 2024.
8. It appears from the Annexure-6 Series that, no notice has been issued to the Petitioner of this writ petition in RMA (AWW) Case No.08 of 2024, though, she (Petitioner of this writ petition) was Respondent No.6 in that RMA (AWW) Case No.08 of 2024 and no opportunity of hearing has been given to her (Petitioner of this writ petition), but, in that impugned order, her appointment order as an Anganwadi Worker of Budhipadar Anganwadi Centre was indirectly cancelled.
9. As per the aforesaid submissions of the learned counsels of both the sides as well as from the contents of the Annexure- 6
A.R. Antulay vs R.S. Nayak & Anr.
AI
Orders passed without following principles of natural justice are rendered null and void, requiring fresh proceedings.
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 made without giving an individual a proper hearing violate natural justice and are deemed nullities, warranting quashing.
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.
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's direction to appoint the petitioner in place of the selected candidate was based on the principles of fairness and justice, considering the oversight made by the selection committee and t....
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