IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 15994 of 2008 Between: K.Venkata Narasamma, W/o. Venkata Ramulu, (now under the orders of removal), Madduru Village, Manopad Mandal, Mahaboobnagar District. ..... PETITIONER AND 1 The Project Director, D.W. & C.D.A. Mahaboobnagar, Mahaboobnagar District. 2 The District Collector, Mahaboobnagar, Mahaboobnagar District. 3 The C.D.P.O., I.C.D.S.Project, Manopad Mandal, Mahaboobnagar District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the orders in Memo No.327/A/2007, dated 1.6.2007 of the 1st Respondent as illegal, arbitrary and violative of articles 14, 16 and 21 of the Constitution of India apart from violative of principles of natural justice and consequently direct the respondents to continue the petitioner as Anganwadi Worker of Maddur Village of Manopad Mandal, Mahaboobnagar District and to pass Counsel for the Petitioner:MR.K.VENUGOPAL REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 15994 of 2008 ORDER: The petitioner was appointed as Anganwadi Worker for Madduru Village, Manopad Mandal, Mahaboobnagar District on 01.08.2002 by the competent authority, through the process of selection. The Project Director, District Women and Child Development Authority, Mahaboobnagar, 1st respondent herein issued proceedings, dated 01.06.2007, directing the Community Development Project Officer, ICDS Project, Manopad, 3rd respondent herein, to remove the petitioner from service and to take steps to fill the vacancy. The said proceedings are challenged in this writ petition. The petitioner contends that the appointing authority by itself did not notice any irregularities and the 1st respondent had issued directions to the 3rd respondent to remove him. It is stated that the impugned proceedings are contrary to law and violative of principles of natural justice. The writ petition came up for admission on 24.07.2008 and it was adjourned twice, to enable the learned Government Pleader to obtain instructions. However, the learned Government Pleader had advanced arguments on the basis of the available record. Heard the learned counsel for the petitioner and the learned Government pleader for Women Development and Child Welfare. The petitioner came to be appointed by the concerned authority way back in the year 2002 as Anganwadi Worker. At present, the 3rd respondent appears to be the appointing authority. The 1st respondent issued proceedings, dated 01.06.2007, which read as under: “ The attention of the CDPO ICDS Project Manopad is drawn to the reference cited, and she is directed to issue orders removing Smt Venkatnarsamma AWW Maddur village of Manopad Mandal immediately. Further she is directed to make alternative arrangement to run the Anganwadi Centre at Maddur village and ensure proper running of the Anganwadi Centre.” From a perusal of this, it is evident that neither any reasons were mentioned, nor the petitioner was put on notice. Even where, any irregularities or acts of misconduct are noticed, against an employee, the employer is under obligation to issue notice to the employee, either calling for the explanation or proposing the punishment for the alleged acts. It is rather curious that the 1st respondent has straight away issued directions to the 3rd respondent to remove the petitioner. The proceedings partake the character of arbitrariness and are in violation of the principles of natural justice. On this short ground, the writ petition is allowed and the impugned proceedings are set aside. There shall be no order as to costs. ________ 14.08.2008 Note: Issue C.C. by 18.08.2008 (B/o) JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 15994 of 2008 Date: 14.08.2008 JSU