- 1 - NC: 2025:KHC-K:1489 WP No. 203813 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 203813 OF 2024 (S-RES) BETWEEN: 1. SMT. BASAMMA D/O VEERABHADRAPPA, W/O LATE GURRANNA GOUDA, AGE: 44 YEARS, OCC: HEAD COOK AT ANGANWADI CENTRE-1, KADBOOR VILLAGE, R/O: KADABOOR VILLAGE, TQ: SHAHABAD, DIST: KALABURAGI – 585 228. 2. SMT BANNAMMA W/O LATE NAGARAJ AGE: 37 YEARS, OCC: AGANWADI WORKER AT ANGANWADI CENTRE-1, AT KADBOOR VILLAGE CENTRE, R/O: KADABOOR VILLAGE, TQ: SHAHABAD, DIST: KALABURAGI – 585 228. …PETITIONERS (BY SRI RAVI B. CHAWAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPT. OF WOMEN AND CHILD DEVELOPMENT REPRESENTED BY ITS UNDER SECRETARY, VIDHAN SOUDHA, BENGALURU - 01. Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1489 WP No. 203813 of 2024 2. THE DEPUTY COMMISSIONER KALABUARGI, DISTRICT-KALABURAGI – 585 103. 3. THE DEPUTY DIRECTOR WOMEN AND CHILD, WELFARE DEVELOPMENT, KALABURAGI. 4. THE ASSISTANT DIRECTOR SOCIAL WELFARE, DEPARTMENT KALABURAGI DIST. KALABURAGI. 5. THE CHILD DEVELOPMENT PROJECT OFFICER, DEPT. OF WOMEN AND CHILD WELFARE DEVELOPMENT SHAHABAD. …RESPONDENTS (BY SRI SHESHADRI JAISHANKAR, A.G.A.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE THE WRIT IN NATURE OF CERTIORARI AND QUASH THE IMPUGNED WITHDRAWAL OF APPOINTMENT ORDER PASSED BY THE RESPONDENT NO.5 AT ANNEXURE-E & E1 DATED 13.09.2023 VIDE ¸ÀASÉå:£Áå.§.².¸ÀA±ÉÛ/2024-25 AND TO ISSUE A WRIT IN THE NATURE OF MANDAMUS THEREBY DIRECTING THE RESPONDENT NO.5 TO REINSTATE THE PETITIONERS INTO SERVICE WITH FULL BACK WAGES AND CONTINUITY OF SERVICE WITH ALL THE CONSEQUENTIAL BENEFITS, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC/. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed by two petitioners assailing the orders at Annexures - E and E1 respectively. In terms of Annexure - E - 3 - NC: 2025:KHC-K:1489 WP No. 203813 of 2024 - the services of petitioner No.1 are withdrawn and in terms of Annexures E2 - the services of petitioner No.2 are withdrawn by respondent No.5. 2. The petitions have been filed on the premise that the petitioners were appointed as Anganwadi workers in terms of the orders dated 15.10.1994 and 23.12.2014 respectively. The show cause notices came to be issued to the petitioners on 06.09.2023 and 04.09.2023 respectively by the 5th respondent. Petitioners responded to the said show cause notices vide reply dated 10.09.2023. denying the allegations. Thereafter, no enquiry was held and without holding any enquiry, the impugned orders have been passed withdrawing the services of the petitioners. In the impugned orders, 5th respondent has opined that the petitioners did commit misconduct. 3. Learned counsel for the petitioners would submit that the petitioners have denied the allegations made in the show cause notices by giving proper explanation and thereafter, the respondents should have taken appropriate steps to hold enquiry contemplated under law and without holding any enquiry, the petitioners are terminated from - 4 - NC: 2025:KHC-K:1489 WP No. 203813 of 2024 service, as such, he would contend that the impugned orders have to be set-aside in limine. 4. Learned Government advocate appearing for the respondents on the other hand would contend that the petitioners employment was not permanent employment and the terms and conditions of the appointment letters itself would indicate that they can be removed from service in case, if they are unfit for service. After considering the complaint filed by the villagers and also considering the fact that the food grains which were meant for the use of the children in Anganwadi, have not been properly utilized and they have gone waste. As such, the impugned orders are passed holding that the petitioners are responsible for the loss caused. 5. This Court has considered the contentions raised at the bar and perused the records. 6. In terms of Annexures E and E1 which are the impugned, it is noticed that respondent No.5 has found the petitioners guilty of misconduct. Admittedly, the petitioners denied the charges levelled against them by issuing reply to the - 5 - NC: 2025:KHC-K:1489 WP No. 203813 of 2024 show cause notices. Thereafter, no enquiry was held. Without holding any enquiry, the impugned order is passed. Even before passing the order withdrawing from service, the second show cause notice which is required to be issued, is not issued. Under such circumstances, the impugned orders are not sustainable. 7. The contentions that the petitioners were on honorarium and they were not the civil servants under the State as such, no enquiry is required to be held, cannot be accepted for the simple reason the impugned orders are stigmatic and the stigma is attached to the petitioners without holding any enquiry, which is impermissible under law. The impugned orders are set-aside. 8. Hence the following: ORDER (i) Writ Petition is allowed. (ii) Respondent - 5 is directed to reinstate the petitioners into service with full backwages and consequential benefits. - 6 - NC: 2025:KHC-K:1489 WP No. 203813 of 2024 (iii) It is made clear that since the order of termination is without any enquiry, the respondent-authorities have the liberty to initiate action as contemplated in law. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 2 Sl No.: 1