← Library
High Court for State of TelanganaWP/11731/2017allowed no costs

T.Rajamma, v. The State Of Telangana,

2017-04-04P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.11731 OF 2017 DATED : 04.04.2017 Between :

T.Rajamma W/o.Raghothama Reddy, Age 58 yrs, Working as Anganwadi worker, Kannala-2, Anganwadi Women Centre, ICDS Project, Manthani, Karimnagar District.

..

Petitioner And The State of Telangana, Rep., by its Principal Secretary, Women & Child Welfare Department, Secretariat, Hyderabad & others.

.. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.11731 of 2017 ORDER :

Heard.

2.

Petitioner was appointed as Anganwadi worker in the year 1986 and continuously worked till the order impugned was passed. By the order impugned petitioner's services are terminated. In this writ petition petitioner challenges the said termination order primarily on the ground that the said order is not preceded by enquiry as required by the orders of the Government governing the conditions of services of Anganwadi worker 3.

A bare look at the impugned proceedings, it is clear that there is no prior notice or opportunity of hearing to the petitioner and straight away the order is passed based on some complaint. 4.

The order of termination is on the allegation of mis-conduct and it is stigmatic and has civil and evil consequences. As the order is having civil and evil consequences, it could not have been passed without observing the basic principles of Audi Alteram Partem, and therefore, the order is liable to be set aside on this ground alone.

5.

Learned Government Pleader also does not deny the fact that the order is not preceded by notice or opportunity of hearing. 6.

Having regard to the above, the Writ Petition is allowed and the order impugned is set aside, leaving it open to the competent authority to take appropriate action as warranted by law, on the

- 3 - allegations levelled in the order impugned. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 4th April, 2017 Rds