L. Bharathi, v. The Child Developmetn Project Officer,

HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.27753 OF 2009 ORDER:

The petitioner challenges order No.75/2009 dated 02.11.2009 passed by 1st respondent as illegal and arbitrary. The order impugned reads as thus:

"As per above reference Anganwadi Worker, Makavaram is not doing his duties properly, as per the Villagers Complaint, an enquiry was conducted by Project Officer and a report was submitted to Dt.Women and Child Development Office, Srikakulam.

The above report was scrutinized by District Collector and Chairman, Anganwadi Workers/Project Officers Committee, Srikakulam, removal order was passed on Smt.L.Bharathi, Anganwadi Worker, removing from service with effect from 2.11.2009. It is ordered that Smt.L.Bharathi, Anganwadi Worker, Makavaram, directed to handover entire charge, Records, Samans and stock etc., to Smt.B.Shantamma, Anganwadi Worker, aril.

On 21.12.2009, this Court granted interim suspension and the same is subsisting as on date. The respondents filed petition to vacate the interim order dated 21.12.2009.

With the Assistance of learned counsel appearing for the parties, I have perused the order impugned in the writ petition and also the explanation offered by the petitioner. The order impugned would have justified its passing had little effort made by the 1st respondent in considering a few of the objections expressing his view and passing appropriate orders. The Assistant Government Pleader submits that since there is interim suspension all these years, the order impugned can be set aside and matter remanded to 1st respondent

for disposal in accordance with law. Having regard to the above circumstances, I am satisfied that the writ petition can be disposed of by this order:

The order impugned is set aside and remitted to 1st respondent for consideration afresh.

The parties are directed to maintain status quo as on date for a period of three months from today. The 1st respondent shall pass orders before the expiry of said three months of period and communicate to the petitioner. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed.

_______________ S.V.BHATT,J Date:14.06.2016 Stp