ORDER:-

The present writ petition is filed challenging impugned proceedings issued by the respondent No.1 on 30.03.2016 removal of the petitioner from the post of Anganwadi Worker on the ground of unauthorized absence without conducting any enquiry and without following the Principles of Natural Justice. 2. Respondent No.1 has filed a detailed counter wherein it is stated that as per G.O.Ms.No.42 WDCW & DW Dept., dated 21.11.2008, the Anganwadi Worker should not avail leave without prior written approval from the competent authority i.e., Supervisor concerned. In case of emergency, she should submit her written leave application to the Grampanchayat underwritten intimation to Supervisor and CDPO, apart from entering the same in the Anganwadi Diary. If any Anganwadi Worker is found to be unauthorized absent, there will be deduction to that effect in her honorarium, such unauthorized absence if recorded for 5 consecutive days or 3 separate instances shall entail action and her services liable for termination by CDPO/P.D. concerned following prescribed procedure of issuing show cause with at least 10 days notice.

3. It is further stated that the petitioner is having habitual attitude in absconding to her duties by submitting leave letters enclosing medical certificates and also unauthorisedly. Petitioner has absented to her duties by submitting leave letter enclosing medical certificate from 25.02.2015 to 23.03.2015 to the respondent No.1. But after completion of the said leave period she has not attended for her duty without any intimation or permission according to the G.O.Ms.No.42 WDCW & DW Dept., Dt 21.11.2008. During the visits of the Supervisor to the Anganwadi Center of Gontuvaripalli-I on 06.04.2015 & 18.05.2015, the Supervisor found that the petitioner has not joined for duty after completion of her leave, and during enquiry the villagers have stated that the petitioner in the village. Thereafter, the respondent No.1 called for the explanation of the petitioner for her unauthorized absence, vide Memo.No.95/ICDS/2015, dated 22.05.2015 which is sent by Regd. Post vide A RN525268835IN, dated 23.05.2015. Subsequently the petitioner submitted a letter stating that she is on leave from 25.02.2015 to 31.05.2015 due to her ill health, and that she would join for her duty on 02.06.2015.

4. During the further visit of the Supervisor to the Anganwadi Centre, Gontuvaripalli-I on 09.11.2015, the Supervisor again found the petitioner being unauthorizedly absent from her duties. Consequently, the 1^st respondent has called for the explanation of the petitioner for her unauthorized absence vide Memo.No.187/ICDS/2015, dated 10.11.2015 which is sent by Regd. Post.

5. It is further submitted that during the Janma Bhoomi-Maa Vooru Programme, the villagers of Gontuvaripalli Village submitted a petition alleging that the Anganwadi Workers of both Anganwadi Centres of their village are not attending to their duties, resulting the stakeholders in not receiving the nutritious food, pre-school education and other services of the Anganwadi Centre. Further the villagers have alleged that both of the Anganwadi Workers are working at Bangalore and requested for suitable action.

6. In view of the above allegations, the ACDPO, Porumamilla conducted an enquiry on 25.01.2016 at Gontuvaripalli village. During the enquiry, the ACDPO, Porumamilla found that, the petitioner and another Anganwadi Centre’s Anganwadi Worker were not attended to their duties. During the enquiry the villagers of Gontuvaripalli village stated that the petitioner and another Anganwadi Centre’s Anganwadi Worker have not attending to their duties and they are residing at Bangalore by maintaining mess at Bangalore, besides applying for medical leave intentionally.

7. The respondent No.1 issued a show cause notice to the petitioner vide Lr.No.337/ICDS/2016, dated 29.01.2016 which is sent by Registered Post vide ARN542999312IN, dated 30.01.2016 and also sent the show cause notice to the Anga