IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.5738 OF 2019 (S-RES) BETWEEN MS. S SUNDARAMMA @ S SUNDARI D/O LATE SUBBAIAH AGED ABOUT 45 YEARS RESIDING AT NEW STREET KAMAGERE VILLAGE, KOLLEGALA TALUK CHAMARAJANAGARA DISTRICT-571 443 (BY SRI KASHINATH J D, ADVOCATE) AND 1. THE DEPUTY DIRECTOR DEPARTMENT OF WOMEN & CHILD DEVELOPMENT CHAMARAJANAGARA DISTRICT CHAMARAJANAGARA-571 313 2. THE DEPUTY COMMISSIONER CHAMARAJA DISTRICT CHAMARAJANAGARA TOWN-571 313 3. THE CHILD DEVELOPMENT PLANNING OFFICER OFFICE OF THE WOMEN & CHILD DEVELOPMENT KOLLEGAL TALUK, KOLLEGAL TOWN CHAMARAJANAGAR DISTRICT-571 440 (BY SMT M S PRATHIMA, AGA) ... PETITIONER ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.01.2019 ISSUED BY THE R-1 ORDERED TO RELIEVE/REMOVAL OF PETITIONER FROM THE SERVICES OF THE ANGANAWADI WORKER AT KAMAGERE-6 ANGANAWADI CENTRE OF KOLLEGALA TALUK AS PER ANNEXURE-A AS ILLEGAL.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
Learned Additional Government Advocate is directed to take notice for the respondents.
2. Learned counsel for the petitioner submits that the petitioner who was appointed as Anganawadi worker on 02.06.1988 at Uttur Village, Kollegala Taluk has rendered service for a period of 20 years and the respondent No.1/ Deputy Director has passed the impugned order dated 10.01.2019 at Annexure-A terminating the services of the petitioner, without affording an opportunity of hearing.
3. Learned counsel relies upon the following judgments of this Court to canvass his submission that even in the cases of a temporary employment, the basic principles of natural justice in issuing a show cause notice and affording an opportunity of hearing to the employee is necessary, before an order of termination could be issued.
(i) Shantamma /vs./ The Prl. Secretary and others - W.P.No.202543/2016, disposed of on 07.02.2017.
(ii) Smt.Mahadevi and others /vs./ The State of Karnataka and others – W.P.No.201003-06/2017, disposed of on 08.06.2017.
(iii) Kumari Gavisiddavva and others /vs./ State of Karnataka and others - W.P.No.63603/2009 and connected matters, disposed of on 23.03.2018.
4. In all the above matters, the co-ordinate benches have consistently held that without following the principles of natural justice, in issuing a show cause notice, calling for reply and affording an opportunity of hearing to the delinquent employee, order of termination cannot be issued.
5. In the light of the above, the writ petition is allowed. The impugned order dated 10.01.2019 passed by the Deputy Director at Annexure-A, is hereby quashed and set aside. As a result, if the petitioner is relieved from the post, she shall be reinstated forthwith. Thereafter, the respondents may initiate action in accordance with law.
SD/- JUDGE KLY/