Smt. Vijay Laxmi Bhati vs The Project Officer and three others

Justice J.K. Maheshwari

Challenging the order Annexure P/4 dt. 16.11.2005 passed by the Project Officer Integrated Child Development Project Badnawar District Dhar, terminating the petitioner from the post of Anganwadi Worker of Gram Panchayat Dhamana, this petition has been preferred under Article 226 of the Constitution of India. It is the contention of the petitioner that the order impugned has been passed by the Project Officer who is not competent to terminate the services of the petitioner. It is further contended that the order is stigmatic which is unsustainable in law without observing the principles of natural justice. Reliance has been placed on a judgment of this Court in the case of Suaurabh Bai vs. State of Madhya Pradesh and three ors. decided on 28.11.2011.

Per contra, Ms. Jamkhedkar, learned Counsel for the respondent/State contends that against the order of removal of Anganwadi Worker, petitioner may prefer an appeal before the Collector raising all these points and also raising an issue of non-observance of procedure for removal and showing the competence of the authority who has passed the order impugned. However, at this stage, this petition is not maintainable.

After hearing learned Counsel appearing on behalf of the parties and on consideration of the fact that the relevant circulars prevalent on the date of passing of the order for appointment of Anganwadi Worker are not available on record and the contention with regard to the jurisdiction of the authority of the Project Officer who has terminated the services of the petitioner that too without following the procedure or the order is stigmatic, is required examination technically which may be done by Appellate Authority.

However, it would be appropriate to dispose of this petition, with a direction that if petitioner prefers an appeal within one month from today before the Collector District Dhar, raising all the points as raised before this Court, it shall be considered in accordance with law and it decided after taking note of relevant circulars and the judgment so referred by the petitioner within a period of four months from the date of filing the appeal. With the aforesaid, the petition stands disposed of.