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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Soudamini Nag – Appellant
Versus
Child Development Project Officer(CDPO), Tarabha Block, Subarnapur – Respondent
| 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 C
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....
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