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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANAND PATHAK, HIRDESH
Vandana Raghuwanshi – Appellant
Versus
State Of Madhya Pradesh – Respondent
Order :
Hirdesh, J.
1. The instant intra-Court appeal is filed under Section 2(1) of Madhya Pradesh Uchha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 against the order dated 20-01-2025 passed by learned writ Court in Writ Petition No. 7751 of 2015, whereby the writ petition filed by appellant-petitioner therein has been dismissed.
2. It is contended on behalf of appellant that in pursuance of appointment order dated 20-10-2009, appellant was initially appointed on the post of Anganwadi Worker in Village Amrod Baddu and vide order dated 29-10-2015, the services of appellant were terminated on the basis of various complaints on CM helpline without affording any opportunity of hearing or without conducting any enquiry. Relying on the judgment of Coordinate Bench of this Court in the case of Seema vs. State of MP and Others reported in 2022 SCC Online MP 5887 and State of MP and Others vs. Smt. Nirmala Rawat , decided on 8th of April, 2022 in Writ Appeal No. 742 of 2020, it is further contended that as per Rule/Policy framed by MP Government, Department of Women and Child Development, dated 10th of July, 2007, if Anganwadi Worker is found negligent in discharging her duties and
The principles of natural justice do not always mandate a hearing when termination is justified by unsatisfactory performance and complaints against an employee.
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.
Violation of principles of natural justice and the need for the new incumbent to make way for the reinstated employee.
Adherence to principles of natural justice in termination cases and the obligation to address non-payment of honorarium.
Termination of Anganwadi Workers must be done by the Appointing Authority, and the principles of natural justice must be followed.
The court affirmed that natural justice principles apply even in contractual employment but can be flexible; proper opportunity must be given, but not always in the traditional sense.
Orders passed without following principles of natural justice are rendered null and void, requiring fresh proceedings.
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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