Termination of service based on allegations of forged certificates without conducting a proper domestic enquiry and providing a fair opportunity to be heard is arbitrary and violates principles of natural justice.

(Special Original Jurisdiction)

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ, order, or, direction, more particularly in the nature of Writ of Mandamus declaring the proceedings issued by the 5th respondent vide Progs No. 01/D-AWW/AWH Estt/2022 dated 02-08- 2023 in terminating the petitioner from her services as Mini Anganwadi Worker, Buggathanda Village is illegal, arbitrary, violation of Art. 14 and 16 of the Constitution of India, colorable exercise of power and against principles of natural justice and to quash or set aside the same and to issue a consequential direction to the 5th respondent to continue the petitioner as Mini Anganwadi Worker, Buggathanda Village, Pattikonda Manal, Kurnool District and to pass

IA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the operation of proceedings issued by the 5th respondent vide Progs No. 01/D-AWW/AWH Estt/2022 dated 02-08-2023 and to pass

Counsel for the Petitioner:

1. VENKATA DURGA RAO ANANTHA

Counsel for the Respondent(S):

1. GP FOR SERVICES II

The Court made the following:

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 in the nature of Writ of Mandamus declaring the proceedings issued by the 5th respondent vide Progs No 01/DAWW/AWH Estt/2022 dated 0208 2023 in terminating the petitioner from her services as Mini Anganwadi Worker Buggathanda Village is illegal arbitrary violation of Art 14 and 16 of the Constitution of India colorable exercise of power and against principles of natural justice and to quash or set aside the same and to issue a consequential direction to the 5th respondent to continue the petitioner as Mini Anganwadi Worker Buggathanda Village Pattikonda Manal Kurnool District and to pass…”

1. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

2. The petitioner was appointed as Mini Anganwadi Worker, Buggathanda Village, Pattikonda Mandal, Kurnool District, vide proceedings by the 5th respondent dated 04.06.2011. The petitioner participated in the selection process pursuant to the notification dated 05.12.2010 and accordingly she was selected and appointed as Mini Anganwadi Worker and continued to work till 02.08.2023.

3. Based on certain complaints against the petitioner, the respondents issued a show cause notice on 03.02.2023 with regard to obtaining employment by placing a forged/fake SSC certificate. The petitioner submitted her explanation on 08.02.2023. But, surprisingly, without considering the same and without conducting any enquiry, and even without supplying copies of documents to the petitioner, the respondents straightaway passed the proceedings dated 02.08.2023, removed her from service on the ground of providing a fake certificate.

4. The learned counsel for the petitioner submits that the petitioner had not submitted any SSC certificate at the time of appointment. In fact, pursuant to the notification dated 05.12.2010, the petitioner participated with the qualification of 7th Class only and subsequently, while working as Mini Anganwadi Worker, the petitioner provided an SSC certificate obtained through distance mode. Hence, the question of filing the SSC certificate would not arise in this case. In fact, as per the appointme