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Bombay High CourtWP/14437/2025disposed off

Indira Ramsing Padvi v. The State Of Maharashtra Through Its Secretary And Others

2026-01-06Hon'Ble Smt. Justice Vibha Kankanwadi , Hon'Ble Shri Justice Hiten S. Venegavkar3 pages

2026:BHC-AUG:263-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 WRIT PETITION NO. 14437 OF 2025 INDIRA RAMSING PADVI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. N.L. Chaudhari, Advocate for petitioner Mr. A.M. Phule, AGP for respondent No.1 ...

CORAM :

SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE :

06th JANUARY, 2026 ORDER :

.

Present petition has been filed to challenge the order dated 28.02.2024 passed by respondent No.2 in Anganwadi Appeal No.1/2024, thereby the said appeal filed by petitioner came to be rejected. Heard learned Advocate for petitioner and learned AGP for respondent No.1. No necessity to issue notice to respondent Nos.2 and 3. The petitioner states that she is resident of village Jambhipani Post Wadfali, Tq. Akkalkuwa, Dist. Nandurbar. She came to be appointed as

925_WP_14437_2025 Anganwadi Sevika in June, 2005. Since her appointment till 2012 she was working at Jambhipani, Tq. Akkalkuwa, Dist. Nandurbar. According to her, one Premlata Kisan Walvi had forged the petitioner's signature and made application for transfer on 27.03.2012. After getting knowledge, petitioner had made complaint to respondent No.3. Thereafter, there was harassment by said Premlata and other persons, even her house was set to fire. Her family members were harassed and abused. Those accused persons were convicted by the trial Court by Judgment and order dated 17.04.2019. Petitioner thereafter states that the rival persons had made a false complaint against her and Superintendent by keeping grudge, issued show cause notice to petitioner on 01.09.2022 about her absence.

According to petitioner, that show cause notice was never served upon her, but then respondent No.2 had terminated her services by order dated 04.12.2023 holding that petitioner was absent from her service without any reason. The petitioner had then preferred appeal to respondent No.2, however, that has also been rejected. Hence, this petition.

Perusal of the papers would show that there appears to be some dispute between the petitioner and her family and said Premlata or Kisan Irma Walwi and others. But when it comes to the service, the petitioner should remain present. The absence of petitioner is from 01.09.2022 till the

925_WP_14437_2025 show cause notice that was given. Now, it is stated by petitioner that she had not received the show cause notice. But, then except the statement there is nothing. She has not even given reply to the show cause notice and thereby gave explanation for her absence. In her appeal, she has given those incidences regarding harassment to her by said Premlata and Kisan Walvi etc. According to her, there was threat to her life and because of those incidences she had not reported to the duty. As aforesaid, taking into consideration the absence period which is more than one year from the service and there is no evidence produced to show that at any point of time the petitioner had communicated her difficulties in attending the service to her superior, her absence cannot be justified.

Though there were some incidences of harassment as it appears prima facie that cannot be considered as a good ground for absence of petitioner from her duty for more than one year without assigning any reason and, therefore, we do not find that any error or any illegality is committed by respondent Nos.2 and 3. There is no merit in the petition. The Writ Petition stands dismissed. ( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J.