The dismissal of an Anganwadi Karyakarta for political campaigning was unjustified due to the absence of applicable conduct rules and the protection of democratic rights.

This petition is filed being aggrieved of order dated 11.07.2022 (Annexure P-12) passed by Project officer, Women and Child Development Project, Sohagpur District Narmadapuram, whereby the Project Officer has dispensed with the services of the petitioner who was working as Anganwadi Karyakarta at Subhash Ward No.1 on the allegation that she had participated in the election of her sister Smt. Sarita Ahirwar who was a candidate for Election to the post of Ward Member of the Local Body. It is further alleged that besides suppressing this fact that her sister Smt. Sarita Ahirwar is a candidate to the election, she participated in the campaigning and on recording such fact that she had used her Whatsapp Number 9329802436 to carry out campaign in favour of her sister, a screen shot of which was forwarded by the complainant to the Project Officer, her services have been dispensed with.

It is submitted that, thereafter, the Additional Collector, Narmadapuram in Case No. 0036/Appeal/2022-23 vide order dated 16.09.2022 has maintained the orders of the Project Officer and had dismissed the First Appeal.

Thereafter, Second Appeal was preferred before the Commissioner, Narmadapuram Division Narmadapuram which was registered as Case No. 067/Appeal/2022-23 dated 26.12.2022, whereby petitioner's Second Appeal too has been dismissed, hence, this writ petition.

It is submitted that there are no conduct rules for Anganwadi Karyakarta. They are getting honorarium. They are not the Government servant. It is further submitted that, allegation is that since petitioner's sister was a Congress Candidate and petitioner supported her, therefore, her services have been dispensed with. There is no mention of any provision to show that which of the Conduct Rule was violated by the petitioner.

Allegations are vague and omnibus. She has been made an escape goat on account of her sister contesting election on a Congress Ticket. It is a pure and simple case of vendetta.

Shri Manasmani Verma, learned Government Advocate supports the impugned orders and submits that, though petitioner is not a member of Civil Service but fact of the matter is that she was campaigning in favour of a Congress Candidate and was participating in political activities. Such conduct of the petitioner is de-hors the provisions, therefore, her services have been rightly terminated. It is further submitted that her service conditions are governed by circulars issued from time to time, therefore her termination cannot be interfered by this Court.

Shri Manasmani Verma places reliance on the circular issue by Women and Child Development Department dated 10.07.2007 bearing No. F-3-2/06/50-2 to support his case that under certain circumstances services of an Anganwadi Karyakarta can be dispensed with and thus, it is submitted that removal of the petitioner form the post of Anganwadi Karyakarta cannot be faulted with.

After hearing learned counsel for the parties and going through the record. As far as the Madhya Pradesh Civil Services (Conduct) Rules, 1965 are concerned, under Rule-1 clearly provide that these Rules shall apply to government servant who are members of the All India Service;

and holders of any post in respect of which the Governor may by general or special order, declare that these Rule shall not apply. In the present case no notification is brought by the State to substantiate that these Conduct Rules are applicable to an Anganwadi Karyakarta which is an ordinary engagement.

As far as policy dated 10.07.2007 is concerned, it is provided that, if an institution is not satisfied with the work of any Anganwadi Karyakarta/Anganwadi Sahaika then a proposal shall be moved for removal of such person by the Superintendent and thereafter, calling for the explanation and giving 15 days time after conducting enquiry such action may be taken as is provided in the circular. However, there is no mention of the fact that a person cannot participate in the campaigning.

It has also come on record a