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2026 Supreme(Ori) 493

IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA, J.
Soudamini Nag - Petitioner
Versus
Child Development Project Officer(CDPO), Tarabha Block, Subarnapur and others - Opposite Parties
W.P.(C) No.2132 of 2026
Decided On : 23-03-2026

Advocates Appeared:
For the Petitioner:Mr. H.S. Mishra, Advocate
For the Opposite Parties :Mr. G. Mohanty, Learned Standing Counsel, Ms. Chandrana Tripathy, Advocate

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.

Headnote:(A) Constitution of India, 1950 - Articles 226 and 227 - Writ petition for quashing of orders and reinstatement as Anganwadi Helper - The petitioner was selected and appointed but later dismissed based on an appeal by Opposite Party No.2. - The court held that the dismissal was in violation of principles of natural justice due to inadequate opportunity for the petitioner to present her case (Paras 5-11).

(B) Principles of Natural Justice - The right to a fair hearing is fundamental. An order passed without giving adequate opportunity to a party is liable to be quashed (Paras 11-12)

(C) Consequential Orders - Subsequent orders stemming from an initial order violating natural justice are also invalid (Para 13).

Facts of the case:
The petitioner was appointed as an Anganwadi Helper but was subsequently disengaged due to a ruling favoring Opposite Party No.2, claiming she was appointed unjustly (Paras 2-6).

Findings of Court:
The initial order dismissing the petitioner was quashed, and the matter was remitted for a fresh decision, ensuring adherence to natural justice (Para 17).

Issues: Whether the petitioner was given adequate opportunity to be heard in the preceding appeal (Para 8).

Ratio Decidendi: The court emphasized the necessity of adhering to principles of natural justice in administrative proceedings, stating that the absence of adequate hearing warrants quashing of the subsequent orders (Para 11).

Result: The writ petition is allowed in part; the impugned orders under Annexures-7, 10, and 11 are quashed and the case remitted for reconsideration (Para 17).

Table of Content
1. petition for quashing previous orders. (Para 1 , 2)
2. background of appeals against selection order. (Para 4 , 5)
3. claim of unfair hearing process. (Para 6 , 8)
4. insufficient opportunity to be heard. (Para 10 , 11)
5. violation of natural justice invalidates orders. (Para 12 , 13)
6. remand for fresh decision due to earlier invalidity. (Para 14 , 15)
7. partial allowance of writ petition and directives. (Para 16 , 17 , 18 , 19)

Judgment :

A.C. Behera, J.

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 Orders under Annexures-7, 10 and 11 passed by the Opposite Party Nos.3, 4 and 1 respectively and to direct the Opposite Party No.1 to re-engage the petitioner as an Anganwadi Helper in Sagarpalli Anganwadi Centre under Kamsara Grampanchayat of Sonepur District awarding exemplary cost and damages against the Opposite Party No.2.

2. The factual backgrounds of this writ petition, which prompted the petitioner for filing of the same is that, as per Advertisement No.2148 dated 21.10.2024 made by the Child Development Project Officer, Tarbha(Opposite Party No.1) (in short “the CDPO”) for the selection of an Anganwadi Helper of Sagarpalli Anganwadi Centre under Kamsara Grampanchayat of Sonepur District, the petitioner, Opposite Party No.2 along with others applied for the same. Thereafter, the Selection Committee Members selected to the petitioner as Anganwadi Helper of that Sagarpalli Anganwadi Centre and then, she(petitioner) was appointed as per letter dated 05.03.2025(Annexure-3) of the CDPO, Tarbha, as the Anganwadi Helper of Sagarpalli Anganwadi Centre and continued her work as such since 05.03.2025.

The Opposite Party No.2 challenged to the above selection and appointment of the petitioner by filing an Anganwadi Helper Appeal No.8 of 2025 before the Sub- collector, Sonepur(Opposite Party No.3) impleading the CDPO, Tarbha and the petitioner as her opponents.

As per final order dated 11.04.2025(Annexure-7) passed in that Anganwadi Helper Appeal No.8 of 2025, the Sub-collector, Sonepur(Opposite Party No.3) allowed that Anganwadi Helper Appeal No.8 of 2025 of the Opposite Party No.2 and directed to the CDPO, Tarbha(Opposite Party No.1) to cancel the engagement of the petitioner and to issue a fresh engagement order in favour of the Opposite Party No.2 as the Anganwadi Helper of that Sagarpalli Anganwadi Centre immediately.

3. On the basis of the order dated 11.04.2025(Annexure- 7) passed in Anganwadi Helper Appeal No.8 of 2025, the CDPO, Tarbha(Opposite Party No.1) issued a letter No.882 dated 08.05.2025 vide Annexure-11 to the petitioner disengaging her from the Anganwadi Helper of Sagarpalli Anganwadi Centre.

4. To which, the petitioner challenged by filing Anganwadi Helper 2nd Appeal No.4 of 2025 before the Additional District Magistrate, Subarnapur (Opposite Party No.4) being the appellant against the Opposite Party No.2 and CDPO, Tarbha(Opposite Party No.1) arraying them as respondents.

5. As per the final order dated 31.10.2025(Annexure-10) passed in Anganwadi Helper 2nd Appeal No.4 of 2025, the Additional District Magistrate, Subarnapur (Opposite Party No.4) dismissed that Anganwadi Helper 2nd Appeal No.4 of 2025 of the petitioner.

For which, the petitioner challenged both the above impugned orders vide Annexures-7 and 10 passed by the Opposite Party Nos.3 and 4 as well as to the letter of disengagement of the petitioner vide Annexure-11 issued by the Opposite Party No.1 by filing this writ petition under Articles 226 and 227 of the Constitution of India, 1950 being the petitioner against the Opposite Parties praying for quashing the above Anenxures-7, 10 and 11 respectively on the ground that, the impugned order dated 11.04.2025 passed in Anganwadi Helper Appeal No.8 of 2025 by the Sub-collector, Subarnapur (Opposite Party No.3) vide Annexure-7 was in gross violation of the principles of natural justice without giving a

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