ANITA GARIYA ALIAS ANITA LOSHALI v. DISTRICT MAGISTRATE NAINITAL
WPSS/1469/2025 · 2025-09-08
Manoj Kumar Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11010 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11010 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7951 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSS/1469/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Manish Lohani, Advocate for the petitioner. Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the State. Mr. Neeraj Garg, Advocate for respondent No. 3.
2. Petitioner was engaged as Social Worker in District Child Protection Office, Haldwani, District Nainital through an outsourcing agency, namely, UPNL. Her engagement is terminated by District Probation Officer, Haldwani vide letter dated 14.08.2025 on the charge of misbehaviour with superior authorities.
3. Perusal of the impugned letter reveals that show- cause notices were issued to petitioner on 31.07.2025, 01.08.2025, 08.08.2025 and 13.08.2025.
4.
Learned counsel for petitioner concedes that show-cause notice were issued to petitioner. He submits that petitioner had politely told the District Probation Officer that due to health condition of her daughter, who is about two years old, she will not be in a position to attend the workshop scheduled to be held in Delhi in the last week of August, 2025, however the District Probation Officer took it as an affront, which has resulted in passing of the impugned
order.
5. This Court is not inclined to interfere in the matter.
2025:UHC:7951
6. Admittedly, petitioner is an outsourced employee who was asked to perform duties of a Social Worker. Thus she has no lien on the post. Her controlling authority nominated her to participate in a workshop, which was scheduled to be held in Delhi and petitioner got offended due to her nomination by the District Probation Officer. Allegation is that petitioner used harsh language against the competent authority and also misbehaved with him in the presence of other employees of the department.
7. Since petitioner was given show-cause notice, therefore petitioner cannot contend that she was not heard. Learned counsel for petitioner contends that petitioner never offered to tender her resignation.
8. However, having regard to the facts and circumstances of the case and also the necessity to maintain discipline in the organisation, sometimes it is necessary to take harsh measures.
9. Interference by this Court will vitiate the atmosphere in the District Probation Office and make things difficult for the officers. In such view of the matter, this Court finds that any interference in the matter would be uncalled for. Accordingly, writ petition is dismissed.
(Manoj Kumar Tiwari, J.) 08.09.2025 Mahinder/
MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08 923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA 4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.09.09 19:35:36 +05'30'