Termination of service without proper inquiry and procedural fairness violates established guidelines, necessitating a reasoned decision.

ORDER :

The present petition has been filed against the order (Annnexure P-9) whereby the petitioner’s services as Anganwadi worker have been terminated on allegation of misconduct by passing stigmatic order.

2. The documents placed on record indicate that prior to termination of services vide (Annexure P-1) a show cause notice was issued to the petitioner vide (Annexure P-9) which runs into as many as four pages and contains allegations right from the year 2015 till the year 2017. Many of the allegations related to not keeping of cordial relation with the members of community and not providing mid-day meals in time. One allegation related to encroachment of land of private person and one allegation related to using marksheet of sister to get appointment. The allegations in the said show cause notice are 15 in number.

3. The petitioner replied to the said allegations by filing a reply and denied the allegation. After such denial no further opportunity was given to the petitioner and straightaway order (Annexure P-1) was issued which hardly runs in one page and speaks about earlier warnings given to the petitioner in the year 2017. The notice (Annexure P-9) and the reply thereon has been considered hardly in half page and the authority has simply written that the reply has not been found to be satisfactory and approval has been received from SDO Revenue, Shahpur and on his approval the services are being terminated.

4. The petitioner initially filed writ petition before this Court which was decided on 23.08.2021 directing the petitioner to prefer a statutory appeal. The review petition against the said order was also rejected on 15.11.2021. Thereafter the petitioner filed writ appeal which was dismissed for want of compliance of preemptory order and thereafter she filed statutory appeal before the Collector which was rejected by order dated 05.01.2023 on the ground of delay and the second appeal was also dismissed on the ground of delay by (Annnexure P-19).

5. The procedure for taking action against the Aanganwadi workers is laid down in circular dated 27.11.2020 placed on record as (Annexure R-1). As per the said circular the procedure for disciplinary action is laid down in clause-2 whereby upon report of any corrupt conduct or irregularity or negligence of the Aanganwadi worker a show cause notice has to be issued within three days and thereafter reasonable opportunity of hearing has to be given and then on merits the order has to be passed after taking approval of SDO, Revenue.

6. The Division Bench of this Court in WA No. 742 of 2020 has held that though appointment is not regular appointment like Government employee but it is the only source of income for women workers in rural areas working as Aanganwadi Worker. Therefore, after rendering their services for long time termination by issuing a mere show cause notice would be a too harsh action and the State Government should think about providing some minor penalty and it is not essential that in every case of any misconduct the only punishment should be termination from service. The Division Bench in WA No. 742 of 2020 has held as under:-

"1. Before parting with the case we would like to observe that the appointment and service conditions of the Agwanwadi workers and assistants are governed under the circular dated 10.07.2007. The circular dated 10.07.2007 provides the qualification, eligibility, mode of appointment/ selection and procedure for removal. Under this circular, the Agwanwadi Workers/ Assistants are working for the last two decades without any element of permanency. This court has experienced in the number of cases that on surprise inspection if Agwanwadi Worker/ Assistant is found absent or there was some negligence in respect of maintenance of register distribution of meals etc. on one or two instances in the entire service career, the competent authority after issuing the notice terminate her services. Except for termination, no other punishment is provided in the