Digitally signed by 2025:CGHC:57186-DB ANURADHA ANURADHA TIWARI TIWARI Date: NAFR

2025.11.26

10:24:54 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 824 of 2025 Basanti Kushwaha W/o Shri Mahesh Prasad Kushwaha Aged About 62 Years Working As Aanganbadi Worker And Posted At Aaganbadi Center Ghatai, Distt. Korea, Chhattisgarh.

... Petitioner versus

1 - State of Chhattisgarh Through Secretary, Department of Women And Child Development, Mahanadi Bhawan, Atal Nagar, Mantralaya New Raipur, Distt. Raipur, Chhattisgarh.

2 - Director Directorate of Department of Women And Child Development, Indravati Bhawan, Atal Nagar, Raipur, Distt. Raipur, Chhattisgarh.

3 - Collector (Women And Child Development), Distt. M.C.B.

Chhattisgarh.

4 - Chief Executive Officer Janpad Panchayat Bharatpur, Distt. MCB, Chhattisgarh.

5 - Project Officer Integrated Child Development, Bharatpur, Distt. MCB, Chhattisgarh.

6 - District Program Officer Women And Child Development Department, Distt. MCB, Chhattisgarh.

... Respondents (Cause-title taken from Case Information System)

For Appellant : Mr. Mirza Hafeez Baig, Advocate For Respondents-State : Mr. Yashwant Singh Thakur, Additional Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha, Chief Justice

25.11 . 2025

1. Heard Mr. Mirza Hafeez Baig, learned counsel for the appellant.

Also heard Mr. Yashwant Singh Thakur, learned Additional Advocate General, appearing for State/respondents.

2. By way of this writ appeal, appellant has prayed for following relief(s):-

“It is therefore, prayed that this Hon'ble Court may kindly be pleased to allow this writ appeal and set-aside the impugned order dated 19.09.2025 passed by Hon'ble Single Bench of this Hon'ble Court in Writ Petition (S) No. 10363/2025 and to allow the prayer clause sought by the appellant in the writ petition, in the interest of justice.”

3. The present intra Court appeal has been filed against the order dated 19.09.2025 passed by the learned Single Judge in Writ Petition (S) No.10363 of 2025 (Basanti Kushwaha v. State of Chhattisgarh and others), whereby the writ petition filed by the appellant/writ petitioner has been disposed of.

4. Brief facts of the case, are that the appellant/writ petitioner was initially appointed as an Aanganbadi Worker at Aanganbadi Centre, Ghatai, District Korea (C.G.) by order dated 14.08.1983 and has been discharging her duties sincerely and honestly for more than 42 years without any break or complaint. The original Aanganbadi Centre building had become abandoned, dilapidated and unsafe, and was consequently demolished by the Gram Panchayat in November 2024. Due to the non-availability of a suitable building, the appellant/writ petitioner was constrained to run the Centre from the house of one Maya Devi by paying a monthly rent of Rs. 700/- from her own resources. On 15.07.2025, at the request of the said Maya Devi, the appellant/writ petitioner vacated the room and temporarily carried out the activities of the Centre in the courtyard, during which local press reporters visited and, noticing the absence of a proper building, published a report along with the statement of the appellant/writ petitioner.

5. It is the case of the appellant/writ petitioner that despite these circumstances being bona fide and beyond her control, respondent No.6 abruptly passed the impugned order dated 22.07.2025 without issuing any show-cause notice, without granting any opportunity of hearing, without conducting any enquiry or departmental proceedings, and without considering the material on record. According to the appellant/writ petitioner, the allegations levelled against her are false, baseless and stigmatic, and had she been afforded an opportunity of hearing, she would have established the true facts. The appellant/writ petitioner also relies upon the applicable government circulars mandating that employees must first be given an opportunity to rectify deficiencies, which, acc