2023 Supreme(Online)(AP) 9691
HIGH COURT OF ANDHRA PRADESH WEDNESDAY ,THE TWENTY FIRST DAY OF JUNE TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21729 OF 2015 Between:
1. Kanaparthy Sunitha Rani W/o Chitti Babu Occ: Anganwadi Worker Obulapuram village, Reddygudem mandal Krishna District ...PETITIONER(S)
AND:
1. The Child Development Project Officer ICDS Project, Vissannapet Krishna District.
2. The Director, DWCDA, Machilipatnam Krishna District. -
3. The Committee for the Selection of Recruitment of Anganwadi workers, Rep. by the District Collector/ Chairperson DW & CDA, Machilipatnam Krishna District
4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department for Women, Children (ICDS), Disabled and Senior Citizens Secretariat, Hyderabad.
...RESPONDENTS Counsel for the Petitioner(s): P NAGENDRA REDDY Counsel for the Respondents: GP FOR WOMEN DEV-CHILD WELFARE(AP)
The Court made the following: ORDER HONOURABLE SMT. JUSTICE V. SUJATHA WRIT PETITION No. 21729 of 2015
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:-
“….to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the 1st respondent in issuing Impugned proceedings No. 175/JACO/2014, dt.16.05.2015 terminating the petitioner as Anganwadi worker without conducting any enquiry and without issuing prior show cause notice and without recording any reasons as arbitrary, illegal and beyond jurisdiction and consequently to set aside the impugned proceedings No. 175/JACO/2014, dt.16.05.2015 issued by the 1st respondent with a direction to the respondents to continue the petitioner as Anganwadi worker at Anganwadi center No. 175, Obulapuram, Pata Naguluru, Reddygudem Mandal, Krishna District”
2. Brief facts of the case are that the petitioner was appointed in the year 2008, as Anganwadi Worker in Anganwadi Center No. 175, Obulapuram, Pata Naguluru Village Center, Reddygudem Mandal, Krishna District.
3. When the matter stood thus, during the period of elections being held in the year 2014, the village people made false complaint against the petitioner stating that the petitioner is supporting the political party.
4. Subsequently, the 1st respondent has issued a show cause notice alleging that the petitioner is not staying in the Headquarters and not working in the centre. She is not distributing the Nutritious food including boiled eggs to the beneficiaries. For which, the petitioner has submitted a detailed explanation. But without considering the same and without conducting any enquiry, the 1st respondent has issued Impugned proceedings dated.16.05.2015, terminating the services of the petitioner. Challenging, which the present writ petition is filed.
5. At the time of admission of this writ petition, on 15.07.2015, this Court was pleased to pass the following interim order:-
“Heard the learned counsel appearing for the petitioner. The order of termination was issued to the petitioner without conducting any enquiry and without any prior notice.
In the circumstances there shall be interim suspension of the impugned order dated.16.05.2015, of the 1st respondent and with further direction to the respondents to permit the petitioner to discharge her duties until further orders”.
6. 1st respondent has filed counter admitting the fact that the petitioner was appointed as Anganwadi worker in the year 2008, Anganwadi Center No. 175, Obulapuram, Pata Naguluru Village Center, Reddygudem Mandal, Krishna District. In pursuance of the directions of the Election Commission of A.P, Hyderabad, the Thasildar Reddygudem, who is Assistant Electoral Registration Officer for Mylavarm Assembly constituency in which the present Obulapuram village is situated, has appointed the petitioner as Booth Level Officer for making inclusions, deletions and correctness in the related voters list. While discharging the duties of Booth Level Officer, certain complaints were brought to the notice of the Election Authorities and the petitioner, who is entrusted with the duties of the Booth Level Officer of related polling booth, resorted to support to one political party of the village and making efforts to delete the entries of another opposite party voters. During the enquiry conducted by the Assistant Electoral Registration Officer and Thasildar Reddygudem, the allegation leveled against the petitioner was proved and the petitioner was withdrawn from the duties of Booth Level Officer in RC.B.67/2015, dated.20.01.2015, of Thasildar Reddygudem. Hence, it is proved that the petitioner involved in local political politics and derelicted her duty.
7. It is further stated in the counter that the mothers of children of village have given a complaint on 30.01.2015 to Child Development Project officer, Integrated Child Development Scheme Project, Vissannapet, stating that the petitioner, who is working as an Anganwadi worker is not residing at Obulapuram and she is comi