O R D E R:

The present Writ Petition is filed aggrieved by the order dated 02.02.2015 issued by the 4th respondent vide Rc.No.128 of 2014.

2. The petitioner herein was appointed as an Anganwadi worker of Bottavanipalem Village, Paravada Mandal, Visakhapatnam District, by the 4th respondent, on 04.10.2006. The petitioner herein was terminated vide impugned order dated 05.02.2015, on the ground that the petitioner has given resignation and was also not discharging her duties in proper perspective.

3. Learned counsel for the petitioner would submit that the present impugned termination order was passed without issuing any notice or conducting proper enquiry. It is vehemently contended that the petitioner was not given any resignation and the resignation itself clearly shows some strikings and also variation of writings. A discrete enquiry was conducted by the respondent No.4 without giving any notice which is unsustainable. Hence, prayed to set aside the present impugned order.

4. Learned counsel for the respondents would submit that present impugned order was passed basing on the resignation given by the petitioner. Hence, prays to dismiss this writ petition.

5. It is ascertained from the counter that the petitioner approached the officer of the Mandal Legal Services Committee- Cum-X Additional District and Sessions Court, Anakapalle for her grievance. The Mandal Legal Services Authority has closed the dispute on 07-11-2015 and directed the petitioner to approach proper forum which is having jurisdiction empowered to resolve the disputes. It is the case of the petitioner that she was forced to tender the resignation from the post of Anganwadi Worker. That the petitioner has availed leave only and the petitioner herein made a request to higher/concerned authority for leave and the said leave was changed into resignation letter and she has not resigned and through the letter dated 14.12.2014, the petitioner has addressed a letter to the Collector bringing to the notice of District collector and requested the collector to reappoint her.

6. The Women and Child Welfare Officer, ICDS Project has submitted a report to the District Collector, through proceedings dated 02.02.2015. In the said proceedings, it is asserted that the petitioners’ husband has lodged a complaint against the petitioner on 18.11.2014, alleging that the petitioner is not attend the Anganwadi centre since 17.11.2014. Basing on the intimation of the Collector as well complaint from the petitioners’ husband, a memo was issued to the Supervisor to conduct an enquiry. The supervisor has submitted a report to the Project Officer, ICDS and stating that incharge was appointed temporarily and the petitioner was absent and also stated that the three children are hale and healthy.

7. The project Officer, ICDS has forwarded the file to the Collector for the approval by the five member committee on the recommendation of the MLA.

8. The said order dated 02.02.2015 is being impugned in the present writ petition.

9. The said order in bereft of reasons. The petitioner here in made a representation dated 14.12.2014 to the Collector that she was forced to tender resignation and the leave letter was changed into resignation. The ICDS officer has received the said intimation that impugned order reflected the same, but there is no such finding in the impugned order and the impugned order manifests that no opportunity was given to the petitioner while an enquiry was conducted by the Supervisor, and the impugned order does say that the petitioner was terminated from service only a recommendation was made to five member committee for an appropriate action.

10. The learned counsel for the petitioner would submit that the supervisor without conducting any enquiry has simply forwarded the letter to the higher authorities i.e., Project Director, Women and Child Welfare Development scheme which amounts to violation of principles of natural justice and therefore prayed to set aside the order dated 02.0