HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.5291 of 2005 Date: June 28, 2010 Between: M. Lakshmi Rajyam, W/o.Yesurathnam, Aged about 35 years, Occ: Anganwadi Worker, Code No.206, Nallamadu Anganwadi Centre, Nallamadu, Ungutur Mandal, West Godavari District … Petitioner And The Project Director, DWSCDA, Eluru, West Godavari District, and another … Respondents Order: The petitioner seeks a Writ of Mandamus declaring the action of the respondents, in particular, the first respondent in removing her from the post of Anganwadi Worker, by Order L&C No.7/A, 2005, dated 14-02-2005, as illegal and arbitrary. In the selections made by the Selection Committee for appointment to the posts of Anganwadi Workers and Helpers, the petitioner was selected and appointed as Anganwadi Worker of Nallamadu Anganwadi Centre. While things stood thus, the impugned order, removing the petitioner from the post of Anganwadi Worker, is passed referring to a letter of Village Sarpanch, Vice-President of Mandal Parishad, wherein it is stated that the petitioner and one other lady by name J. Siddirani are quarrelling with each other and not performing their duties properly. In this writ petition, it is the specific case of the petitioner that the allegations levelled against her are false and the impugned order is passed only basing on the letter addressed by the Village Sarpanch as much as her husband is associated to a political party. At the stage of admission, this court, by order dated 29-04-2005, suspended the impugned order, pending disposal of the writ petition. When the matter is taken up, it is stated that, in compliance of the order of this court, Proceedings No.07/A/AWC/206/2005, dated 25-05-2005, are issued taking back the petitioner into service as Anganwadi Worker. Although the writ petition is of the year 2005, no counter affidavit is filed and there is also no representation on behalf of the respondents. A perusal of the impugned order indicates that no prior notice or opportunity was given to the petitioner before the same was passed. When an allegation of misconduct is levelled on the part of the petitioner, respondents ought to have issued a show- cause notice before removing her from service. For the aforesaid reasons and also in the absence of any counter affidavit disputing the allegations made by the petitioner, I set aside Order L&C No.7/A, 2005, dated 14-02-2005 and direct the respondents to continue the petitioner in terms of her order of appointment. However, it is made clear that if there is any misconduct on the part of the petitioner, this order will not preclude the respondents from taking steps in accordance with law. The writ petition is allowed to the extent indicated above. No order as to costs. ______________________ (R. SUBHASH REDDY, J) June 28, 2010 MRR