APHC010382732021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3310]

(Special Original Jurisdiction)

THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 23504/2021 Between:

M Rama Devi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. G V L MURHTY Counsel for the Respondent(S):

1. GP FOR WOMEN DEV CHILD WELFARE The Court made the following:

ORDER :

This writ petition is filed under Article 226 of the Constitution of India, for the following relief:

“……. to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in terminating the petitioner from service without conducting any proper enquiry or giving any opportunity to the petitioner vide for impugned proceeding in Rc No 37/C D P O/2021 dt 01.06.2021 of the 4th respondent issuing the termination orders of the petitioner as Anganwadi Worker Code No 0718121 of Chinthapallipadu Village Vattichrukuru Mandal Guntur District and pursuant to the orders of the 3rd respondent in Rc No 224/A2/2021 dt 28.05.2021 of the 2nd respondent as communicated in Rc No 224/A2/2021 dt 31.05. 2021 of the 3rd respondent, as illegal, arbitrary unjust violative of principal of natural justice and opposed to principal of natural justice set aside the same and consequently direct the respondents to reinstate the petitioner as Anganwadi worker and grant all consequential benefits arising there from and pass……”

2. The grievance of the petitioner is that she was appointed as Aganwadi worker in the year 2006 and ever since she is discharging his duties without any remark. While she was working at Chintapallipadu village, the villagers have made a complaint against the petitioner that she was misusing and diverting essential commodities and the same were unloaded at one place i.e., to the house of E Sivaleela, W/o Sambasiva Rao. Accordingly, a surprise check was conducted on 27.10.2020 by the CDPO and supervisor. During their surprise visit, they found certain irregularities. Basing on the same, a show cause notice was issued by the 3^rd respondent vide proceedings No.1/C.D.P.O/2020, dated 28.10.2020 calling for explanation from the petitioner. Thereafter, the petitioner submitted his reply. Subsequently, the petitioner requested the 4^th respondent to supply the copies of the complaints said to have been received by the 4^th respondent to give a proper and detailed explanation. But without giving any opportunity or without conducting proper enquiry, the 4^th respondent has issued the impugned proceedings vide Rc No.37/CDPO/2021, dated 01.06.2021 terminating the petitioner from the service. Challenging the same, the present writ petition came to be filed.

3. The counter affidavit has been filed by the 4^th respondent. While denying all the allegations made in the petition, contended that, the petitioner did not perform her duties properly and diverted the supplementary nutrition food without distributing to the Actual beneficiaries. Hence show cause notice was issued to the petitioner on 5.2.2021.As contended by the petitioner that without considering the explanation and without furnishing any documents which supported the alleged charges, is totally incorrect. In fact, the petitioner has taken all documents regarding the complaints. it is further statedthat the petitioner has attended to the Anganwadi worker duties from Guntur to Chintapallipadu, Vatticherukuru Mandal. Hence the then Child Development Project Officer has given a Memo to the petitioner on 17.1.2018 and hence the petitioner has resigned to her job on 6.6.2018 on the ground of ill health. Further, the petitioner made a representation dated 25.6.2018 addressed to the Project Director, DW&CDA, Guntur with a request to withdraw her resignation. In pursuance of the same, the Project Director, Guntur has given instructions to CDPO to consider her req