THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.7955 OF 2012 DATED 5th DECEMBER, 2014 Between:
Smt.Vasamsetti Lakshmi Manga Devi … Petitioner And The Government of Andhra Pradesh, Department of Woman and Child Welfare, Represented by its Principal Secretary, Secretariat Building, Hyderabad, Andhra Pradesh, and others.
… Respondents THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.7955 OF 2012 O R D E R By order dated 22.03.2012, this Court granted interim suspension of the impugned proceedings dated 02.03.2012 passed by the Integrated Child Development Project Officer, ICDS Project, Mummidivaram, East Godavari District. By way of the said proceedings, the petitioner was removed from service as an Anganwadi Worker. This Court took note of the fact that no notice or opportunity of hearing was given to the petitioner prior to her removal from service and accordingly passed the interim order.
WVMP No.1715 of 2012 was filed by the State and its Officers to vacate the said order. While so, nine villagers of Nallacheruvu village filed WPMP No.25864 of 2012 seeking to get impleaded in the writ petition. No counter is filed opposing this implead petition. The implead petition is accordingly ordered. Office is directed to carry out necessary corrections in the cause title before issuing the final order.
Perusal of the counter-affidavit filed by the State and its Officers reflects that no proper notice was given to the petitioner. Further, it appears that the statements of various witnesses were relied upon, but the petitioner was not given an opportunity to cross-examine them. The entire matter seems to have proceeded in a highly informal manner and ultimately led to the removal of the petitioner from service.
As serious allegations were leveled against the petitioner, it was incumbent upon the authorities to follow the due procedure as the petitioner finally had to suffer a stigmatic removal from service. The impugned proceedings dated 02.03.2012 are accordingly set aside. The State and its authorities shall be at liberty to initiate action afresh against the petitioner in accordance with the due procedure. The State shall also allow the aggrieved villagers to participate in the enquiry, if it so chooses. The petitioner shall however be allowed an opportunity to cross-examine them in the event the State wishes to rely upon such evidence. After following the due procedure, the respondent authorities shall pass a reasoned order in the matter. This exercise, one way or the other, shall be completed expeditiously and in any event, not later than eight weeks from the date of receipt of a copy of this order.
The writ petition is allowed to the extent indicate above. Pending Miscellaneous Petitions, if any, shall stand closed. No order as to costs.
5th DECEMBER, 2014
PGS
------------------------------------- SANJAY KUMAR, J (82) THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.7955 OF 2012 DATED 5TH DECEMBER, 2014