Nazneen Gowhar vs Union Territory Of Jammu And Kashmir & Ors

Sanjeev Kumar, J

1) Impugned in this petition is order No.480-SMD of 2019 dated 31.07.2019, issued by respondent No.3, whereby one Sh. Devinder Singh Katoch, Joint Director, State Mission Directorate, ICDS, J&K, Srinagar, has been appointed as inquiry officer to enquire into the complaint regarding appointment of Anganwadi Worker in Anganwadi Centre, Seer Hamdan Ward No.06, ICDS Project, Khovripora.

2) The learned counsel for the petitioner fairly concedes that the petitioner has no locus, at this point of time, to challenge the impugned order as the same has been necessitated to unearth the truth of the matter. He submits that the appointment of petitioner as Anganwadi Worker in Anganwadi Centre, Seer Hamdan, is in accordance with law and, therefore, no enquiry in the matter is called for. Learned counsel, however, submits that in any case the respondents may hold an enquiry into the complaint regarding appointment of the petitioner, but no adverse order should be passed against her without first affording her an adequate opportunity to represent her case.

3) Mr. Sheikh Feroz, learned counsel appearing for the respondents submits that the respondents have received a complaint against the illegal appointment of the petitioner and have found, prima-facie, substance therein and with a view to enquire into the serious allegations levelled by the complainant, the respondent No.3, vide order impugned, has appointed the enquiry officer to enquire into the complaint. He, however, fairly concedes that any action, which may entail adverse consequences to the petitioner, is required to be taken after affording an opportunity of being heard to the petitioner.

4) In view of aforesaid position and in the given circumstances of this case, I do not find any necessity to formally admit this petition or even issue notice to the respondents. This petition is, therefore, disposed of at this stage by providing that in case respondents contemplate to take any action adverse to the interests of the petitioner, whether pursuant to the enquiry envisaged in impugned order or otherwise, the same shall be taken only after affording a reasonable opportunity of being heard to the petitioner.