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
| 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
Upen Chandra Gogoi vrs. State of Assam and others
Mangal Prasad Tamoli(Dead) by LRs vrs. Narvadeshwar Mishra(Dead) by LRs.
State of Kerala vrs. Puthenkavu N.S.S. Karayogam and another
Badrinath vrs. State of Tamilnadu
State of Punjab vrs. Davinder Pal Singh Bhullar and others
Dattu Namdev Thakur vrs. State of Maharashtra and others
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.
Orders passed without following principles of natural justice are rendered null and void, requiring fresh proceedings.
The court ruled that the creation of a new Anganwadi Centre resolved the dispute between candidates, quashing the order keeping one candidate's engagement in abeyance.
The main legal point established in the judgment is the requirement for objective assessment and adherence to guidelines in appointment disputes, and the court's authority to set aside arbitrary orde....
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 ruled that the appointment of an Anganwadi Worker must adhere to government guidelines, and challenges to such appointments require timely action and proper standing.
The court upheld the termination of an Anganwadi Worker based on valid grounds, emphasizing the importance of adherence to government guidelines and the unsuitability of disputed facts for writ juris....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.