Andhra Pradesh High Court - Amravati
Smt. V. Annapurna vs The State Of Andhra Pradesh, on 17 February, 2021
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.23561 OF 2020
ORDER:-
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-
"......pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus by declaring the proceedings No.02/B/2020 dated 23.11.2020 issued by the 4th respondent is illegal, arbitrary and violative of rights guaranteed under Articles 14, 16 and 21 of the Constitution of India and consequently set aside the same and further direct the respondents to continue the services of the petitioner as Anganwadi worker with all consequential benefits and pass....."
2. Heard Sri K.Srinivasa Prasad, learned counsel for the petitioner, and the learned Government Pleader for Women and Child Welfare appearing for the respondents.
3. The case of this petitioner, in nutshell, is that the petitioner lodged complaints to the Project Director on 1.8.2018 and 1.3.2019 stating that the permanent Anganwadi building is in a dilapidated condition and she is facing threat to continue the center because of seepage during rainy season. The petitioner again lodged a complaint before Spandana, which was registered as complaint No.EAG201910075164 dated 7.10.2019 wherein the petitioner clearly stated that the infrastructure facility to Anganwadi Center is not in a fit condition.
Despite the complaint made by this petitioner, no action was taken for shifting of Anganwadi Center to any rented building. However, respondent No.3 has issued an urgent memo No.2/B/2019, dated 26.8.2019 and 7.9.2019 alleging that the petitioner has submitted a letter to the Project Officer that from 2 June, 2019 onwards, the Anganwadi Center will be shifted to a rented premise, but no action was taken for shifting of the Anganwadi Center to a private premises on rental basis but still, continuing the same in the permanent building allotted for Anganwadi Center thereby, without conducting any enquiry, the impugned proceedings vide No.2/B/2020, dated 23.11.2020, were issued by respondent No.4 terminating the services of this petitioner.
The proceedings were issued without conducting any enquiry and the reason for initiation of the proceedings is that the father of the petitioner lodged a complaint against one Nalla Srinivasa Rao for beating him on the road and insulting him in the name of caste. The said Nalla Srinivasa Rao is in charge of Y.S.R. Congress party and a crime was registered on 4.3.2019 in Crime No.43 of 2019 on the file of Rangampeta Police Station, East Godavari District, registered for the offences punishable under Sections 323 and 506 I.P.C. and Sections 3(1)(r)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Boring grudge against this petitioner, taking advantage of his political status in the ruling party, the said Nalla Srinivasa Rao influenced the police and got registered his case first, which was registered as Crime No.42 of 2019 of Rangampeta Police Station for the offences punishable under Sections 341 and 506 I.P.C., and at the instance of the said Srinivasa Rao, the impugned order is passed terminating the services of this petitioner. Therefore, the order is illegal, arbitrary and motivated and requested to set aside the same.
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4. The respondents placed on record the written instructions/brief notes instead of filing counter and the same is taken into consideration. It is alleged in the written instructions/brief notes as follows:
"Smt.Vajrapu Annapurna (Polamma) was appointed as AWW in vide T.O. prcgs.No:36/ICDS/1991, dt:07.11.1991.
On dt : 07.03.2019 Smt. V.Annapurna has given representation with a request to shift the Anganwadi center to rented accommodation due to leakage of rain water through roof. Based on the representation the Child Development Officer, ICDS Project, Rangampeta has given oral permission to shift the Anganwadi center to rented accommodation in order to protect the safety of children.
Later the Anganwadi worker shifted the Anganwadi Center from own building to rented accommodation with Door No:1-95 on 01.06.2019 and given representation to draw the rent amount for the Anganwadi Center on 07.06.2019.
On dt:26.08.2019 the villagers of Ramesampeta has given written complaint stating that the service of Anganwadi Center were not delivered properly as the Anganwadi worker Smt V.Annapurna not residing in their village. The Worker and Helper frequently quarrelling each other and neglecting their duties. Smt V.Annapurna using filthy language if beneficiaries asked for their benefit of supplementary nutrition.
The Sector Supervisor Smt.U.Padma has visited the Anganwadi Center on 27.08.2019 and observed that only food stocks pertains to Anganwadi Center was kept in the rented accommodation that to in the house of Anganwadi Helper. Pre-School Activities were carried out in the dismantle Own Anganwadi Building. In view of safety of pre-school children she immediately shifted the pre-school into new rented accommodation with the support of villagers, on the same day. And called for the explanation of Anganwadi worker Smt V.Annapurna for running pre-school in the dismantle building and kept the food stocks in the house of Anganwadi helper vide memo no:2/B/2019, dt:28.08.2019.4
In view of villagers complaint dt:26.08.2019 the sector supervisor Smt U.Padma again visited the Anganwadi Center on 31.08.2019 for field enquiry and noticed that the Anganwadi worker Smt V.Annapurna absconded to her duties on that day. The Supervisor enquired the villagers on the service delivery of the Anganwadi center and submitted enquiry report on 04.09.2019.
On 07.09.2019 the sector Supervisor again visited the Anganwadi Center to call for the explanation of the Anganwadi worker for her irregularities notice in the previous visit. At that time also the Anganwadi worker absconded from her duties and not responded to the phone call. Hence, the Sector Supervisor pasted the memo vide no:2/B/2019, dt:07.09.2019 on the wall of Anganwadi Center in the presence of villagers and enquired the villagers on the service delivery of the Anganwadi Center and submitted report. The Anganwadi worker Smt V.Annapurna not given any explanation to the second memo and submitted explanation for the first memo on dt:11.09.2019 with irrelevant explanation.
Vide memo:2/B/2019, dt: 23.09.2019 the Sector Supervisor has again called for the explanation of Anganwadi worker Smt V.Annapurna for her frequent abscondism and reasons for not residing in the Ramesampeta village as it is mandatory for every Anganwadi worker/Helper to be resident of the same village for better service delivery through Register Post No:RN8083102651N). But Smt V.Annapurna refused to take the memo, the same was returned by the postal department.
In the subsequent visit, it was observed the Anganwadi worker again shifted the Anganwadi Center to the dismantle building with seeking any permission from higher officials. Hence, based on that this office issued memo.No:2/B/2019, dt:19.11.2019 with instruction to not to run the Anganwadi center in the dilapidated building and immediately shift the Anganwadi Center into the rented accommodation with support of villagers. Vide register post No:RN873529997IN. The same was returned by the postal department, as the Anganwadi worker refused to take the memo.
Smt V.Annapurna is very arrogant in nature and not ready to follow any instruction given by the higher officials. Meanwhile, she tried to threaten the superiors and villagers 5 with her language and caste. Even with the Co-Anganwadi Workers, she was failed to maintain good relationship. She always using filthy language in the sector meetings and tried to disturb the meeting. All the Anganwadi worker of Ramesampeta sector has given written complaint to take action on Smt V.Annapurna as she threatening them disturbing the official meetings.
With the above conditions, Show cause notice issued by this office vide memo.No:02/B/2019, dt:28.12.2019 to give an opportunity for her explanation through register post No:RN808312111IN but she failed to give explanation.
In view of the above conditions, the file was submitted to District Level Selection Committee (DLSC). To protect the safety of Pre-school Children and benefit of villagers DLSC has issued orders for termination of Smt V.Annapurna for the post Anganwadi worker, code No;84, Ramesampeta, Kotapadu Village. Vide memo no:208/A4/2018, dt:28.10.2020.
As per the orders of DLSC termination orders were issued by this office vide proceedings no:02/B/2020, dt:23.11.2020."
5. During hearing, Sri K.Srinivasa Prasad, learned counsel for the petitioner, reiterated the contentions and requested to issue a direction to the respondents and set aside the impugned order.
6. Learned Government Pleader for Women and Child Welfare appearing for the respondents opposed the petition and prayed to dismiss the writ petition basing on the grounds mentioned in the written instructions.
7. I have gone through the entire record and as seen from the material on record, more particularly, the brief notes placed on record, the petitioner made a representation for shifting of Anganwadi Center to a private premises and she was permitted orally. She shifted food stocks pertaining to Anganwadi Center 6 and kept in a rented occupation in the house of Anganwadi Helper but number of activities are being carried out in the dismantled Anganwadi building according to the reports submitted by the Supervisor - Smt U.Padma, but the said enquiry is not conducted in the presence of the petitioner and apart from that, the reason mentioned in the order is not that she was absent at any time in Anganwadi Center but she is residing at Singampally Village while discharging duties in Ramesampeta Anganwadi Center and frequently, absenting herself to duties but the reports disclosed that the petitioner was found absent on more than two occasions in the month of September when she visited on the instructions of the higher authorities. Therefore, the petitioner is removed from service by issuing the impugned proceedings. In fact, no opportunity of calling upon this petitioner to show cause was afforded to this petitioner before issuing such proceedings. Therefore, as the proceedings issued against this petitioner, which are impugned in the present writ petition, are violative of principles of natural justice, they are liable to be set aside. A show cause notice, dated 28.8.2019, was issued calling upon this petitioner to give explanation alleging that the permanent building of Anganwadi Center is in a dilapidated condition and she started running Anganwadi Center since June, 2019 and reported the same in writing to the Project Officer but when the Sector Supervisor inspected the Anganwadi Center in the rented building, it is found that the pre-school classes are being run in the permanent building, which is in a dilapidated condition, for which, the petitioner gave an explanation, dated 6.10.2019 explaining the steps she has taken.
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8. Even accepting that the show cause notice was issued calling for explanation and the petitioner submitted the explanation, the reason for terminating this petitioner was not clear and not considered in proper perspective. If the contentions raised in the explanation are considered and passed order in accordance with law, such order cannot be interfered, but in the present case, the explanation was not considered as appearing in the order. Therefore, the impugned order vide proceedings No.2/B/2020, dated 23.11.2020, of respondent No.4 is illegal, arbitrary and violative of principles of natural justice and the same is hereby set aside while permitting the respondents to consider the explanation of the petitioner in proper perspective and pass appropriate orders within a period of four (4) weeks from today.
9. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
_________________________________________ JUSTICE M.SATYANARAYANA MURTHY Date : 17.2.2021 AMD 8 104 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.23561 OF 2020 Date : 17.02.2021 AMD